(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "North Carolina Register v.2 no. 10 (1/15/1988)"

x.l jt:^^^ Km/i^aH/.As/NJb-? 



JAN 28 ms 



The 



l^ORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



COHa 



EXECUTIVE ORDERS 

FINAL DECISION LETTERS 

PROPOSED RULES 
Administration 
Agriculture 
Commerce 

Crime Control and Public Safety 
Human Resources 
Justice 

Licensing Boards 
NRCD 
State Personnel 

FINAL RULES 
Revenue 



ISSUE DATE: JANUARY 15, 1988 
Volume 2 • Issue 10* Pages 644-8 1 8 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published monthly and 
contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise appro.ximately one hundred 
pages per issue of legal te.xt. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North 
Carolina Register is available by yearly subscription at 
a cost of ninety-five dollars ($95.00) for 12 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 11 666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION. AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
Iv 35% is changed annually. Compilation and publica- 
t'ion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0. 1 5) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
dividual volumes may also be purchased with 
supplement service. Renewal subscriptions for 
supplements to the initial publication available. 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, 
page number and date. 1:1 NCR 101-201, April 1. 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published monthly by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Statutes. 
Subscriptions ninety-five dollars ($95.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Salutes. 
S. bscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 




OJficc of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, \C 27604 

(919) 733 - 2678 



Robert A. Melott, 

Director 
James R. Scarcella, Sr. 

Deputy Director 
MoOy Mason, 

Assistant Director 

Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Johnson, 

fuiitorial Assistant 
Jean Shirley, 

Editorial Assistant 



ISSUE CONTENTS 

I. EXECUTIVE ORDERS 

Executive Orders 58-62 644 

II. FESAL DECISION LETTERS 

Voting Rights Act 647 

III. PROPOSED RULES 

Administration 

Purchase and Contract 651 

Agriculture 

Food and Drug 

Protection Division 652 

Markets 658 

Pesticide Section 662 

Plant Industry 658 

Standards Division 657 

Veterinary- Division 660 

Commerce 

ABC Commission 663 

Cemetery Commission 664 

Crime Control and 

Public Safety 

Alcohol Law Enforcement 745 

State Highway Patrol 745 

Human Resources 

AFDC 691 

Children's Services 689 

Facility Services 665 

Health: Epidemiolog)' 694 

Health Services 696 

Medical Services 711 

Social Services 686 

State/County Special 

Assistance 690 

Youth Ser\ices 712 

Justice 

Private Protective Services 712 

Sheriffs' Education & 

Training Standards 714 

Licensing Boards 

CPA Examiners 766 

Flearing Aid Dealers 

& Fitters 769 

Pharmacy 786 

Physical Therapy Examiners 792 

Practicing Psychologists 795 

NRCD 

Community Assistance 758 

Economic Opportunity 765 

Environmental Management 746 

State Personnel 

OtTice of State Perso-nnel 801 

IV. FINAL Rl LES 

Revenue 

Departmental Rules 806 

Individual Income Tax 806 

V. CU.MULATFV E ESDEX 815 



NORTH ( AROUNA REGISTER 

Publication Deadlines and Schedules 

(January I9SS - March I9S9j 



Issue 


Last Dav 


last Dav 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


**++*+++ 


#+++++++ 


++♦+++++ 


+++++++♦ 


*+++++♦* 


01 15 88 


12 28 87 


01,04/88 


02,' 14,' 88 


05 01,88 


02 15 88 


01 26 88 


02 02 88 


03/16/88 


06,01/88 


03 15 88 


02 24 88 


03,02 88 


04 14/88 


07/01/88 


04,15/88 


03 25 88 


04,01,88 


05/15/88 


08,01,88 


05 16 88 


04 27 88 


05,03 88 


06' 15 '88 


09 0188 


06 15/ 88 


05 26 88 


06/02 88 


07/15 88 


10 01,88 


07 15 88 


0624 88 


07,01/88 


08/14 88 


11 01 88 


08 15'88 


07 26 88 


08,02 88 


09/14,88 


12 01/88 


09/15 88 


08/26 88 


09/02/88 


10/15/88 


01/0189 


1014 88 


09/26 88 


10/03,88 


11/13/88 


0201/89 


11 15 88 


10/26 88 


11/02/88 


12/15/88 


03/01 '89 


12 15 88 


11 23 88 


12,02 88 


01/14 89 


04/01 89 


01. 16 '89 


12 27 88 


01/03.-89 


02/ 15,/ 89 


05/01/89 


02/15/89 


01 26 89 


02'02/89 


03/17/89 


06 '01/89 


03/15/89 


02 21 89 


03/02/89 


04' 14/89 


07/01 '89 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Dale", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 58 

EXTENDED GRACE PERIOD FOR OBTAINING 
1988 COMMERCIAL FISHING LICENSES 



Those persons engaged in commercial 
shellfishing in North Carolina are experiencing 
severe fmancial dilTiculties owing to the Red Tide 
infestation along portions of the North Carolina 
coast. 

In order to help ease the fmancial burden on 
tnis segment of our State's population, I hereby 
direct the Division of iMarine Fisheries of the 
Department of Natural Resources and Commu- 
nity Development to extend through March 31, 
1988 the grace period for obtaining all 1988 
commercial fishing licenses. This order shall ap- 
ply only to those individuals who currently hold 
a 1987 hcense. 

Done this 11th day of December, 1987. 

EXECUTIA'E ORDER NUMBER 59 

AMENDMENT 1 O EXECLTIN E ORDER 

NUMBER 15 'JUVENILE 

JUSTICE PLANNING COMMITTEE" 

The Juvenile Justice Planning Committee was 
established by Executive Order Number 15 on 
June 28, 1985. 

In order to meet the Federal guidelines con- 
tained in the Federal Juvenile Justice and Delin- 
quency Prevention Act of 1974 as amended, it is 
now necessary to alter the membership require- 
ments of that committee. 

THEREFORE, by authority vested in me as 
Governor by the laws and the Constitution of 
North CaroUna, IT IS ORDERED: 

Section 1(b) of Executive Order Number 15 is 
amended to read as follows: 

The following seven members shall be ap- 
pointed by the Secretary of the Department 
of Crime Control and Pubhc Safety for a 
term of two years: a representative of a 
business group or a business that employs 
youth; two (2) representatives of private 
organizations that focus on strengthening 
the family unit or of parent groups or of 
those concerned with neglected or dependent 
children or delinquency prevention and 



treatment; a representative of local govern- 
ment youth serving agency; three youth 
members under the age of 24, and who are 
or have been under the jurisdiction of the 
juvenile justice system. 

All other provisions of Executive Order Num- 
ber 15 remain in force. 

This order shall be effective immediately and 
shall remain in effect until June 30, 1989. 

EXECUTIVE ORDER NUMBER 60 

GOVERNOR'S TASK FORCE ON THE NORTH 
CAROLINA DRIVER LICENSE SYSTEM 

Each year in North Carolina, approximately 
1.75 million citizens visit examining stations op- 
erated by the Driver License Section of the Divi- 
sion of Motor Vehicles, North Carolina 
Department of Transportation, to obtain ori- 
ginal, renewal and duplicate driver licenses, photo 
identification cards and learners' permits. The 
Driver License Section has more direct contact 
with the citizenry of North Carolina than does 
any other branch of State Government. Where, 
when and how the Driver License Section pro- 
vides its services is vitally important to the State 
and to the public. 

Since the establishment of the North Carolina 
Driver License System in 1935, no comprehen- 
sive study has been made by the State to evaluate 
the effectiveness of its dehvery of services to the 
public, to analyze the need for enhancing the 
quality of the existing system, or to review ad- 
ministrative procedures and statutory require- 
ments. In view of the elapsed time and the rapid 
increase in the number of licensed drivers who 
must be served by the Driver License Section, 
such comprehensive study is hereby deemed 
necessary and in the public interest. 

Therefore, by the authority vested in me as 
Governor by the Constitution and laws of North 
Carolma, IT IS ORDERED: 

Section I. ESTABLISHMENT 

The Governor's Task Force on the North 
Carolina Driver License System is hereby estab- 
lished. The Task Force shall consist of at least 
twenty and not more than thirty members ap- 
pointed by the Governor to serve at the pleasure 
of the Governor. AU vacancies shall be filled by 
the Governor. The Governor shall designate one 
of its members as Chairman and one as Vice- 
Chairman. The Secretary of Transportation or 



NORTH CAROLINA REGISTER 



644 



EXECUTIVE ORDER 



lijs designee and the Commissioner of Motor 
Vehicles or his designee shall serve as ex-ofTicio 
members. 

Section 2. FLNCTIONS 

(1) The Task Force shall meet regularly at the 
call of the Chairman. The Task Force is au- 
thorized to conduct public hearings for the pur- 
pose of receiving the comments and suggestions 
of citizens throughout the State. 

(2) The duties of the Task Force shall be to 
conduct a comprehensive study of the North 
Carolina driver license system, and shall formu- 
late recommendations for enhancing the oper- 
ations and improving the delivery of services to 
the public by the Driver License Section of the 
Division of Motor Vehicles. 

Section 3. .\DMIMSTR.\TION 

(a) I'he Special .Assistant to the Commissioner 
of Motor Vehicles shall provide principal staff 
support to the Task Force. The Secretary of 
Transportation and the Commissioner of Motor 
\'ehicles may designate such other personnel 
from their respective staffs as they deem appro- 
priate and necessary to furnish guidance and as- 
sistance to the Task Force. 

(b) The Task Force is authorized, subject to 
the availability of funds to retain consulting 
ser\-ice(s) or employ such professional(s) if it de- 
termines that such ser\"ice(s) or professional(s) 
would offer a cost-efficient method of gathering 
information. Funds for the retention and pay- 
ment of such services(s) or professional(s) shall 
be made a\ailable from funds authonzed by the 
Division of Motor Vehicles. 

(c) Members of the Task Force may be reim- 
bursed for necessary travel and subsistence ex- 
penses as authorized by >vCX}^ 138-5. Funds 
for reimbursement of such expenses shall be 
made available from funds authorized by the Di- 
vision of Motor Vehicles. 

(d) Funds for the support of the Task Force 
study, in addition to expenses authorized in Sec- 
tion 3, subsections (b) and (c) above, shall be 
made available from funds authorized by the Di- 
vision of Motor Vehicles. 

Section 4. RF.PORTS 

The Task Force shall present its tinal report and 
recommendations to the Governor not later than 
September 1, 1988. 

Section 5. lMF>l.EMF.NT.\TIO\ .\ND Dl R.ATION 

( 1 ) Tliis order shall be effective immediately. 

(2) The Commission shall dissolve at the pleas- 
ure of the Governor, but no later than December 
30, 1988. 



Done at Raleigh, North Carolina, this 1 1th day 
of December, 1987. 

EXECUTIVE ORDER 61 

AMENDMENT TO EXECLTIVE ORDER 49 

GOVERNOR'S .\DVISORY COMMISSION ON 

MILITARY AFFAIRS 

The Governor's Advisory Commission on Mil- 
itarv Affairs was created by Executive Order 49, 
signed on May 20, 1987. 

In order for that Commission to properly carry 
out its duties it is necessary to amend Executive 
Order 49. 

THEREFORE, by the authority vested in me 
as Governor by the Constitution and laws of 
North Carolina, IT IS ORDERED: 

Section L 

The first sentence of Section 4 of Executive Or- 
der 49 is hereby amended to read: 

"Support staff for the commission shall be pro- 
vided by the Department of Crime Control and 
Public Safety." 

Section 2^ 

All other sections of Executive Order 49 remain 
in force. 

Done in Raleigh, North Carolina, this the 30th 
day of December, 1987. 

EXECUTE E ORDER NUMBER 62 

AMENDMENT TO EXECLTI\ E ORDER 

NUMBER 41 "GOVERNOR'S T.4SK FORCE 

ON DEVELOPMENT OF PRIVATE SEED 

VENTURE CAPITAL SOURCES" 

The Governor's Task Force on Development 
of Private Seed Venture Capital Sources was es- 
tablished by Executive Order Number 41 signed 
on March 20, 1987. That executive order di- 
rected the Task Force to present a report of rec- 
ommendations to encourage development of a 
private seed venture capital fund to the Governor 
and the Secretary of the Department of Com- 
merce by not later than the 1st day of September, 
1987. 

Due to the Task Force's concentration on im- 
mediate legislative opportunities which occurred 
dunng the 1987 General Assembly, that report 
was not completed nor submitted. There con- 
tinues to be a need for such a report. 



645 



NORTH CAROLINA REGISTER 



EXECUTIVE ORDER 



retary of the Department of Commerce not later 
THEREFORE, by the authority vested in me than the 1st day of May, 1988. 
as Governor by the Constitution and laws of 
North Carolina, IT IS ORDERED: ^ ^^1^^^ sections of Executive Order Number 

^, , ,, ^ 11 J f • o • ^ f 1- 41 shall remain in effect. 

1 hat the report called tor m Section 4 oi Exec- 
utive Order Number 41 signed on March 20, 
1987 be submitted to the Governor and the Sec- ^his the 30th day of December, 1987. 



NOR TH CA ROLINA REGIS TER 646 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. 1 20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 
Washington, D.C. 20530 



\VBR:\IAP:KIF:sw 

DJ 166-012-3 
S5843-5847 
S5645; S7959-7967 
S8873-8876 



Voting Section 
P.O. Box 66128 
Washington, D.C. 20035-6128 



December 3, 1987 



DeWitt F. McCarley, Esq. 
Citv Attorney 
P.O. Box 7207 
Greenville, North Carolina 



27835-7207 



Dear .Mr. McCarley: 

This refers to the nineteen anne,\ations [Ordinance Nos. 1715, 1716, 1717, 1718, 1719, 1720, 
1727, 1728, 1729, 1730, 1736, 1737, 1738, 1739, 1740, 1749, 1750, 1751, and 1752 (1987)] to the City 
of GreenviUe in Pitt County, North Carolina, submitted to the Attomey General pursuant to Section 
5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on 
October 5, 1987. 

The Attomey General does not interpose any objections to the changes in question. However, 
we feel a responsibihty to point out that Section 5 of the Voting Rights Act expressly provides that 
the failure of the Attomey General to object does not bar any subsequent judicial action to enjoin 
the enforcement of such changes. See Section 51.41 of the Procedures for the Administration of 
Section 5 |52 Fed. Reg. 496 (1987)]. 



Sincerely, 

Wm. Bradford Reynolds 
Assistant Attomey General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Voting Section 



647 



NORTH CAROLINA REGISTER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 
Washington, D.C. 20530 

WBR:MAP:KIF:dvs Voting Section 

DJ 166-012-3 P.O. Box 66128 

S7916 Washington, D.C. 20035-6128 

December 4, 1987 

Robert C. Cogswell, Jr., Esq. 

City Attorney 

P. O. Box 1513 

Fayetteville, North Carolina 28302-1513 

Dear Mr. Cogswell: 

This refers to the change in the method of selecting the mayor pro-tem for the City of 
Fayetteville in Cumberland County, North Carolina, submitted to the Attorney General pursuant 
to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your 
submission on October 6, 1987. 

The Attorney General does not interpose any objection to the change in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that 
the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin 
the enforcement of such change. See Section 51.41 of the Procedures for the Administration of 
Section 5 [52 Fed. Reg. 496 (1987)]. 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 

Gerald W. Jones 
Chief, Voting Section 



NOR TH CAROLINA REGIS TER 648 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Washington, D.C. 20530 



\VBR:SSC;VNT:jmc 
DJ 166-012-3 
N2794-2796 
N5092 



Robert C. Cogswell, Jr., Esq. 

City Attorney 

P.O. Box 1513 

FayetteviUe, North Carolina 28302- 1513 

Dear Mr. Cogswell: 

This refers to your August 6, 1987, letter concerning Ordinance No. S 1985- 17 and Resolution 
No. R 1985- 1 19 which pro\ide for an increase in the size of the city council from six to nine members 
and the districting plan for the City of Fayetteville in Cumberland County, North Carolina. 

We have reviewed our files and it appears that our March 3, 1986, letter had a typographical 
error. Our fdes show that Section 5 preclearance was provided to Resolution No. R 1985-1 19 rather 
than to Resolution No. R 1985- 109 as was stated in our letter. We apologize for any inconvenience 
we may have caused you in this matter. 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 

Gerald W. Jones 
Chief, Voting Section 



649 NOR TH CAROLINA REGIS TER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 
Washington, D.C. 20530 

WBR:SSC:KIF:dvs:sw 

DJ 166-012-3 Voting Section 

S8310-8311 P.O. Box 66128 

Washington, D.C. 20035-6128 

December 28, 1987 

Robert Cogswell, Jr., Esq. 

City Attorney 

P.O. Box 1513 

Fayetteville, North Carolina 28302-1513 

Dear Mr. Cogswell: 

This refers to the annexation (Ordinance No. 87-7-302) and the designation of the annexed area 
to District 1 for the City of Fayetteville in Cumberland County, North Carolina, submitted to the 
Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 
1973c. We received your submission on October 28, 1987. 

The Attorney General does not interpose any objection to the change in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that 
the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin 
the enforcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 
51.41). 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Voting Section 



■ 



NOR TH CAROLINA REGIS TER 650 



PROPOSED RULES 



TITLE 1 - DEPARTMENT OF 
ADMIMSIRATION 

i V otice is hereby gh'en in accordance with G.S. 
I50B-I2 that the Department of Administration 
intends to amend regulations cited as I NCAC 
5A .OOOS; .0009; I SCAC 5B .03/0: .1601. 

1 he proposed ejfcctix'e date of this action is 
May I. I9SS. 

1 he public hearing will be conducted at 2:00 
p.m. on February 15, 19SS at Williamsburg 
Room, First Floor, Administration Building, 
116 West Jones Street. Raleigh, N.C. 
27603-S003. 

y^omment Procedures: Any interested person 
may present his or her v/evv5 and comments in 
writing prior to or at the hearing or orally at the 
hearing. Any person may request information, 
permission to be heard or copies of the proposed 
regulations by writing or calling Fran Tomlin, 
Department of Administration, 116 West Jones 
Street, Raleii^h. \orth Carolina 27603-8003, 
telephone (919 J 733-7232. 

CHAPTER 5 - PLRCHASF. AND CONTRACT 

SUBCHAPTER 5A - DIVISION OF 
PL RCHASE AND CONTRACT 

.0008 FORMS: PROCEDURES: TERMS AND 
CONDITIONS 

The division of purchase and contract es- 
tablishes procedures for acquiring, manaaing 
ctft4 di ' jpoL' . inij ef equipment, materials, sup- 
plies, pnnting and services and prescribes 
forms, tenns and conditions applicable to such 
actions. 

Statutory Authoritv G.S. 143-51: 143-53 (12); 
143-55: 143-60. 

.0009 BOARD OF AWARD 

The Advisorv' Budget Commission desig- 
nates two or more members to serve as a 
Board of Award for canvassing bids and re- 
commending the award of contracts to the 
Secretarv' of .Administration. The commission 
further designates the following state employ- 
ees who can serve in this capacity in the ab- 
sence of mcmber(s) of the commission; 

Controller, State Board of liducation 

State Treasurer 

Secretan,- of State 



Representative from Attorney General's 

Office. 

Ali Dopartmontal Socrotarioo Vt4+fe the 

e xception &f A© Socrotar/ ef Adminio 

tration. 
These alternate members shall not further del- 
egate this responsibihty. The board normally 
meets weekly. 

Bids are reviewed only by the Division of 
Purchase and Contract, the Board of Award 
and the Secretary of Administration. Records 
are kept of each meeting and made public by 
the State Purchasing Officer. 

Statutory Authority G.S. 143-53. 

SUBCHAPTER 5B - PURCH.\SE PROCE- 
DURES 

SECTION .0300 - ADVERTISED (FORMAL) 
BID PROCEDURE 

OMO ADVERTISED PROCUREMENTS 

Advertised procurements are awarded un- 
der procedures established by the Secretary' of 
Administration after consultation with Ae 
Advisory Budget Commission. /Vfter contracts 
are awarded, successful bidders are notified by 
letter of acceptance or by purchase order as 
appropriate. 

Statutory Authority G.S. 143-49; 143-52. 

SECTION .1600 - EXEMPTIONS: EMERGEN- 
CIES .\ND DELEGATIONS 

.1601 EXEMPTIONS 

Unless directed otherwise by the Secretary 
of Administration, aft e r consultation with i^ 
Advisor/ Budget Commission, it is not man- 
daton,' that published books, manuscripts and 
like material and perishable articles such as 
fresh meats be purchased through, the Division 
of Purchase and Contract. Where such pur- 
chases are made directly by using agencies, 
however, competiti\'e bids are required wher- 
ever possible. 

The Secretary of Administration has di- 
rected that contracts for two such types of 
foods, bakery products and dairy products, be 
awarded through the Division of Purchase and 
Contract. 

The printing of Supreme Court reports is 
exempted from handling through the Dn-ision 
of Purchase and Contract. 

The purchase of liquor is not handled 
through the Division of Purchase and Con- 
tract. 



651 



NORTH CAROLIN.A REGISTER 



PROPOSED RULES 



Statutory Authority G.S. ISA; 143-56; 143-62. 

TITLE 2 - DEPARTMENT OF 
AGRICULTURE 



i V otice is hereby given in accordance with G.S. 
150B-I2 that the N.C. Board of Agriculture in- 
tends to adopt, amend, repeal regulations cited 
as 2 NCAC 9B .0016; .0033; 9K .0/02; 9M 
.0001; 38 .0201; .0301; .0401; .0402; 43F 
.0003; 48A .0209; .0221; .0238; .0608; .0611; 
52B .0204; .0207; 52C .0105. 

1 he proposed effective date of this action is 
June 1, 1988. 

1 he public hearing will be conducted at 10:00 
a.m. on March 9, 1988 at Board Room, Agri- 
culture Bldg., 1 West Edenton St., Raleigh, 
N.C. 



Co 



comment Procedures: Interested persons 
may present statements either orally or in writ- 
ing at the public hearing or in writing prior to 
the hearing by mail addressed to David S. 
McLeod, Secretary of the North Carolina 
Board of Agriculture, P.O. Box 27647, Raleigh, 
NC 27611. 

CHAPTER 9 - FOOD AND DRUG 
PROTECTION DIVISION 

SUBCHAPTER 9B - RULES AND 
STANDARDS ADOPTED BY REFERENCE 

.0016 ADOPTIONS BY REFERENCE 

(a) The food and drug protection division 
adopts by reference in accordance with G.S. 
150B-14(c) "Official Methods of Analysis of 
AOAC" fWtfe s dition, 44^84^ published by the 
Association of Official Analytical Chemists. 

(b) The food and drug protection division 
adopts by reference in accordance with G.S. 
150B-14 (c) the "U.S. Pharmacopeia National 
Formulary USP XXI-NFXVI" (January h 
1985) and supplements published by the U.S. 
Pharmacopeial Convention, Inc. 

(c) The food and drug protection division 
adopts by reference in accordance with G.S. 
150B-14 (c] the "ASTM Standards on Engine 
Coolants", §*k edition, published by the 
American Society for Testing Materials. 1980. 

(d) The following volumes are adopted 
by reference in accordance with G.S. 15()B-14 
(c) by the food and drug protection division: 



(1) "EPA Manual of Chemical Methods 
for Pesticides and Devices", and sup- 
plements published by AOAC; 

(2) "Pesticide Analytical Manual," Vol- 
umes I and II, published by the United 
States Department of Health, Educa- 
tion and Welfare, Food and Drug Ad- 
ministration; 

(3) "FDA Compliance Policy Guides," 
pubhshed by the United States Depart- 
ment of Health, Education and Welfare, 
Food and Drug Administration; 

(4) "Bergey's Manual of Determinative 
Bacteriology", 8th Edition, R. E. 
Buchanan and N. E. Gibbons, Editors, 
Williams & Wilkins Company, 
Baltimore; WU^ 

(5) "Microbiology Laboratory 
Guidebook," published by the United 
States Department of Agriculture, Ani- 
mal and Plant Health Inspection Ser- 
vice, Meat and Poultry Inspection 
Program, Washington, D.C.; 1971; 

(6) "FDA Bacteriological Analytical Man- 
ual," 54* Edition, pubhshed by the As- 
sociation of Official .Analytical 
Chemists; ¥»^ 

(7) "Standard Methods for the Examina- 
tion of Dairy Products," 44th Edition, 
E. H. Marth, Editor, pubhshed by the 
American Pubhc Health Association; 
4W8t 

(8) "Compendium of Methods for the 
Microbiological Examination of 
Foods," M. L. Speck, Editor, pubhshed 
by the American Public Health Associ- 
ation; W^ 

(9) "Bergey's Manual of Systematic 
Bacteriology," Vol. I, Kreg and Holt, 
Editors, Wilham E. Wilkens Company, 
Baltimore; 4^i84t 

(10) "Manual of Clinical Microbiology", 
if4 e dition, E. H. Lennette, Balows, et 
al.. Editors, pubhshed by the American 
Society for Microbiology; 1980; 

(11) "Standard Methods for the Examina- 
tion of Water and Waste Water", 44tfe 
edition, pubhshed by American Pubhc 
Health Association, American Water 
Works Association, and Water Pol- 
lution Control Federation. 1975. 

(e) The food and drug protection division 
adopts by reference in accordance with G.S. 
1 SOB- 14 (c) the following parts and subparts 
of the code of Federal Regulations, Title 21, 
Subchapter A (General), as promulgated by 
the Commissioner of the Food and Drug Ad- 



NOR TH CA ROLINA R EG IS TER 



652 



PROPOSED RULES 



ministration under the authority of the Federal 
Food, Drug, and Cosmetic Act: 

Part Subject of Part 

(1) 1.1 General 

(2) 1.3 Labeling - Definitions 

(3) 1.20 Presence of Mandatory 1^- 
bcl Information 

(4) 1.21 Failure to Reveal Material 
Facts 

(5) 1.24 Exemptions from Required 
Label Statements 

(6) 1.31 Package Size Savings 

(7) 1.35 "Cents-off," or Other 
Savings Representations 

(8) 2.25 Grain Seed Treated with 
Poisonous Substances; Color Identifi- 
cation to Prevent Adulteration of Hu- 
man and Animal Food 

(9) 2.35 Lse of Secondhand Contain- 
ers for the Shipment or Storage of Food 
and Animal Feed 

(10) 7.12 Guaranty 

(11) 7.13 Suggested Forms of Guar- 
antv 

(12) ' 70 Color Additives 

(13) 70.3 Defmitions 

(14) 70.5 General Restrictions on Use 

(15) 70.10 Color Additives in Standard- 
i?.ed Foods, New Drugs, and /Vntibiot- 
ics 

(16) 70.11 Related Substances 

(17) 70.20 Packaging Requirements for 
Straight Colors (Other Than Hair 
Dyes) 

(18) 70.25 Labeling Requirements for 
Color Additives (Other Than Hair 
Dyes) 

(19) 73 Listing of Color Additives 
Exempt from Certification 

(20) 74 Listing of Color Additives 
Subject to Certification 

(21) 81 General Specifications and 
General Restrictions for Provisioned 
Color Additives for Use in Foods, 
Drugs and Cosmetics 

(22) ^82 Listmg of Certified Pro%i- 
sionally Listed Colors and Specifica- 
tions 

(f) The food and drug protection division 
adopts by reference iri accordance with G.S. 
150B-14 (c) the following parts and subparts 
of the Code of Federal Regulations, Title 21, 
Subchapter B (Food for Human Consump- 
tion), as promulgated by the Commissioner of 
the Food and Drug Administration under the 
authority of the Federal Food, Drug and Cos- 
metic Act: 



Part 



Subject of Part 



(1) 100 General 

(2) 101 Food Labeling 
(Except 101.11 and 101.103) 

(3) 102 Common or Usual Name for 
Nonstandardized Foods 

(4) 103 Quality Standards for Foods 
with No Identity Standards 

(5) 104 Nutritional Quality Guide- 
lines for Foods 

(6) 105 Foods for Special Dietary 
Use 

(7) 106 Infant Formula Quality 
Control Procedures 

(8) 107 Infant Formula 

(9) 108 Emergency Permit Control 

(10) 109 Unavoidable Contaminants 
in Food for Human Consumption and 
Food- Packaging Material 

(11) 110 Current Good Manufactur- 
ing Practice in Manufacturing, Process- 
ing, Packing, or Holding Human Food 

(12) 113 Thermally Processed Low- 
Acid Foods Packaged in Hermetically 
Sealed Containers 

(13) 114 Acidified Foods 

(14) 123 Frozen Raw Breaded Shrimp 

(15) 129 Processing and Bottling of 
Bottled Drinking Water 

(16) 130 Food Standards: General 

(17) 131 Milk and Cream 

(18) 133 Cheeses and Related Cheese 
Products 

(19) 135 Frozen Desserts 

(20) 136 Bakery Products 
Providod. that: 

(^ U GPR 136.3(a) shall be> changed te 
road: "The we*4 'Broad' vvhon uood m 
tbe nam e »f tlw food m e ans tfe© ««** 
woighfl ©fte pound ef moro aftor cool 

(^ S4- GPR 136.3(b) steU ^ ohangod to 
r e ad: "Th e ' ■ ' ■ 'ords 'rolls' aft4 'buno' 

t T rV. f^..-t -1 -1 i~i-i^ < n ♦ I-t ft r^ --1 rtr\ i~i fi T tl^^ r r^ i~i ri 

^^^^^^TT Vt^^^S UX 1 1 11.' 1 1 Ul 1 1 ^J or 1 1 I\J 1VJT_7VJ 

moan the «fti4- weighs less than ^ 
ounc e s aftor coolinc!." 



P 3^;-[ 



Subject »f Part 



(21) 137 Cereal Flours and Related 
Products 

(22) 139 Macaroni and Noodle Pro- 
ducts 

(23) 145 Canned Fruits 

(24) 146 Canned Fruit Juices 

(25) 150 Fruit Butters, Jellies, Pre- 
serves, and Related Products 



65i 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(26) 152 Fruit Pies 

I (27) 1 55 Canned Vegetables 

, (28) 156 Vegetable Juices 

; (29) 158 Frozen Vegetables 

• (30) 160 Eggs and Egg Products 

(31) 161 Fish and Shellfish (Except 
Section 161.30 and 161.130 through 
161.145) 

(32) 163 Cacao Products 

(33) 164 Tree Nut and Peanut Pro- 
ducts 

(34) 165 Nonalcoholic Beverages 

(35) 166 Margarine 

(36) 168 Sweeteners and Table Syrups 

(37) 169 Food Dressings and Fla- 
vorings 

(38) 170 Food Additives 

(39)172 Food Additives Permitted for Di- 
rect Addition to Food for Human 
Consumption 

(40) 173 Secondary Direct Food Ad- 
ditives Permitted in Food for Human 
Consumption 

(41) 174 Indirect Food Additives: 
General 

(42) 175 Indirect Food Additives: 
Adhesive Coatings and Components 

(43) 176 Indirect Food Additives: 
Paper and Paperboard Components 

(44) 177 Indirect Food Additives: 
Polymers 

(45) 178 Indirect Food Additives: 
Adjuvants, Production Aids, and 
Sanitizcrs 

(46) 179 Irradiation in the Pro- 
duction, Processing and Handling of 
Food 

(47) 180 Food Additives Permitted in 
Food on an Interim Basis or in Contact 
with Food Pending Additional Study 

(48) 181 Pnor-Sanctioned Food In- 
gredients 

(49) 182 Substances Generally Recog- 
nized as Safe 

(50) 184 Direct Food Substances Af- 
firmed as Generally Recognized as Safe 

(51) 186 Indirect Food Substances 
Affirmed as Generally Recognized as 
Safe 

(52) 189 Substances Prohibited from 
Use in Human Food 

(53) 193 Tolerances for Pesticides in 
Food Administered by the Environ- 
mental Protection Agency 

(g) The food and drug protection division 
adopts by reference in accordance with G.S. 
150B-14 (c) the foUowing parts and subparts 
of the Code of Federal Regulations, Title 21, 



Subchapter C (Drugs: General) as 

promulgated by the Commissioner of the 
Food and Drug Administration under the au- 
thority of the Federal Food, Drug, and Cos- 
metic Act: 



Part 



Subject of Part 



(1) 200 General 

(2) 201 Labeling 

(3) 202 Prescription Drug Advertis- 
ing 

(4) 210 Current Good Manufactur- 
ing Practices in Manufacturing, Proc- 
essing, Packing or Holding of Drugs; 
General 

(5) 211 Current Good Manufactur- 
ing Practice for Finished Pharmaceu- 
ticals 

(6) 225 Current Good Manufactur- 
ing Practice for Medicated Feeds 

(7) 226 Current Good Manufactur- 
ing Practice for Medicated Premixes 

(8) 250 Special Requirements for 
Specific Human Drugs 

(9) 290 Controlled Drugs 

(10) 299 Drugs; Official Names and 

Established Names 
(h) The food and drug protection division 
adopts by reference in accordance with G.S. 
150B-14 (c) the following parts and subparts 
of the Code of Federal Regulations, Title 21, 
Subchapter D (Drugs for Human Use) as 
promulgated by the Commissioner of the 
Food and Drug Administration under the au- 
thority of the Federal Food, Drug, and Cos- 
metic Act: 



Part 



Subject of Part 



for 



(1) 300 General 

(2) 310 New Drugs 

(3) 312 New Drugs 
Investigational Use 

(4) 314 New Drug Applications 

(5) 320 Bioavailability and 
Bioequivalence Requirements 

(6) 329 Habit- Forming Drugs 

(7) 330 Over-the-Counter (OTC) 
Human Drugs Which Are Generally 
Recognized as Safe and Effective and 
Not Misbranded 

(8) 331 Antacid Products for Over- 
the-Counter (OTC) Human Use 

(9) 332 Antillatulent Products for 
Over-the-Counter Human Use 

(10) 361 Prescription Drugs for Hu- 

man Use Generally Recognized as Safe 



NORTH CAROLINA REGISTER 



654 



PROPOSED RULES 



and Effective and Not Misbranded: 
Drugs Used in Research 

(11) 369 Interpretive Statements Re: 
Warnings on Drugs and Devices for 
Over-the-Counter Sale 

(12) 429 Drugs Composed Wholly or 
Partly of Insulin 

(13) 430 Antibiotic Drugs: General 

(14) 431 Certification of yVntibiotic 
Drugs 

(15) 432 Packaging and Labeling of 
Antibiotic Drugs 

(16) 433 Exemptions from Antibiotic 
Certification and Labeling Require- 
ments 

(17) 436 Tests and Methods of Assay 
of /Vntibiotic and /Vntibiotic-Containing 
Drugs 

(18) 440 Penicillin Antibiotic Drugs 

( 19) 442 Cepha .Antibiotics 

(20) 444 Oligosaccharide Antibiotic 
Drugs 

(21) 446 Tetracycline Antibiotic 
Drugs 

(22) 448 Peptide Antibiotics 

(23) 449 .Antifungal Antibiotics 

(24) 450 Antitumor Antibiotic Drugs 

(25) 452 Macrolide .Antibiotic Drugs 

(26) 453 Lincomycin Antibiotic 
Drugs 

(27) 455 Certain Other Antibiotic 
Drugs 

(28) 460 Antibiotic Drugs Intended 
for Use in LaboratoPv' Diagnosis of 
Disease 

(i) The food and drug protection division 
adopts by reference in accordance with G.S. 
150B-14 (c) the following parts and subparts 
of the Code of Federal Regulations, Title 21, 
Subchapter H (Medical Devices) as 
promulgated by the Commissioner of the 
Food and Drug Administration under the au- 
thority of the Federal Food, Drug, and Cos- 
metic Act: 



Part 



Subject of Part 



(1) 809 In Vitro Diagnostic Products 
for Human Use 

(2) 812 Investigational Device Ex- 
emptions 

(3) 813 Investigational Exemptions 
for Intraocular lenses 

(4) 820 Good Manufacturing Prac- 
tices for Medical Devices: General 

(5) 860 Medical Device Classifica- 
tion Procedures 



(6) 861 Procedures for Performance 
Standards Development 

(7) 870 Cardiovascular Devices 

(8) 882 Neurological Devices 

(9) 884 Obstetrical and 
Gynecological Devices 

(10) 895 Banned Devices 

(j) The food and drug protection division 
adopts by reference in accordance with G.S. 
150B-14 (c) the following parts and subparts 
of the Code of Federal Regulations, Title 21, 
Subchapter E (Animal Drugs, Feeds, and Re- 
lated Products) as promulgated by the Com- 
missioner of the Food and Drug 
Administration under the authority of the 
Federal Food, Drug, and Cosmetic Act: 



Part 



Subject of Part 



(1) 500 General 

(2) 501 Animal Food Labeling 

(3) 502 Common or Usual Names 
for Nonstandardized Animal Foods 

(4) 505 Interpretive Statements Re: 
Warnings on Animal Drugs for Over- 
the-Counter Sale 

(5) 507 Thermally Processed Low- 
Acid .'Vnimal Foods Packaged in 
Hermetically Sealed Containers 

(6) 508 Emergency Permit Control 

(7) 509 Unavoidable Contaminants 
in Animal Food and Food- Packaging 
Material 

(8) 510 New Animal Drugs 

(9) 511 New Animal Drugs for 
Investigational Use 

(10) 514 New Animal Drug Applica- 
tions 

(11) 520 Oral Dosage Form New An- 
imal Drugs Not Subject to Certification 

(12) 522 Implantation of Injectable 
Dosage Form New .Animal Drugs Not 
Subject to Certification 

(13) 524 Ophthalmic and Topical 
Dosage Form New Animal Drugs Not 
Subject to Certification 

(14) 526 Intramammary Dosage 
Forms Not Subject to Certification 

(15) 529 Certain Other Dosage Form 
New Animal Drugs Not Subject to 
Certification 

(16) 536 Tests for Specific Antibiotic 
Dosage Forms 

(17) 539 Bulk Antibiotic Drugs Sub- 
ject to Certification 

(18) 540 Penicillin Antibiotic Drugs 
for Animal Use 



655 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(19) 544 Oligosaccharide Certifiable 
Antibiotic Drugs for Animal Use 

(20) 546 Tetracycline Antibiotic 
Drugs for AnimaJ Use 

(21) 548 Certifiable Peptide Antibiotic 
Drugs for Animal Use 

(22) 555 Chloramphenicol Drugs for 
Animal Use 

(23) 556 Tolerances for Residues of 
New Animal Drugs in Food 

(24) 558 New Animal Drugs for Use 
in Animal Feeds 

(25) 561 Tolerances for Pesticides in 
Animal Feeds Administered by the En- 
vironmental Protection Agency 

(26) 564 Defmitions and Standards for 
Animal Food 

(27) 570 Food Additives 

(28) 573 Food Additives Permitted in 
Feed and Drinking Water of Animals 

(29) 582 Substances Generally Recog- 
nized as Safe 

(k) The food and drug protection division 
adopts by reference in accordance with G.S. 
150B-14 (c) the following parts and subparts 
of the Code of Federal Regulations, Title 21, 
Subchapter G (Cosmetics) as promulgated by 
the Commissioner of the Food and Drug Ad- 
ministration under the authority of the Fed- 
eral Food, Drug, and Cosmetic Act: 



Part 



Subject of Part 



(1) 
(2) 
(3) 



(4) 
(5) 



700 General 

701 Cosmetic Labeling 
720 Voluntary Filing of Cosmetic 

Product Ingredient and Cosmetic Raw 

Material Composition Statements 

730 Voluntary Filing of Cosmetic 

Product Experiences 

740 Cosmetic Product Warning 

Statements 
(1) Part 180 of the Code of Federal Reg- 
ulations, Title 40, entitled "Tolerances and 
Exemptions from Tolerances for Pesticide 
Chemicals in or on Raw Agricultural Com- 
modities" as promulgated by the Admmistra- 
tor of the Environmental Protection Agency, 
under the authority of the Federal Food, Drug, 
and Cosmetic Act is hereby adopted by refer- 
ence in accordance with G.S. 15QB-14 (c) by 
the food and drug protection division. 

(m) The Code of Federal Regulations, 
Title 9, Part 319, entitled "Defmitions and 
Standards of Identity or Composition for 
Meats, Meat By-products, and Meat Food 
Products", promulgated by the Secretary of 
Agriculture under the Federal Meat Inspection 



Act (as amended by the Wholesome Meat Act) 
is hereby adopted by reference in accordance 
with G.S. 150B-14 {c}_ by the food and drug 
protection division. 

(n) The Code of Federal Regulations, 
Title 9, Part 381, Subpart P, Sections 381.155 
through 381.170, entitled "Defmitions and 
Standards of Identity or Composition for 
Poultry and Poultry Products," promulgated 
by the Secretary of Agriculture under the Fed- 
eral Poultry Inspection Act (as amended by the 
Wholesome Poultry Products Act) are hereby 
adopted by reference in accordance with G.S. 
1508-14 (c) by the food and drug protection 
division. 

(o) AH documents adopted by roforonoo 
i» 3 NCAC 98- ohaU h% thos e documents i» 
effect as ef Januar y ' 447 1987. 

Statutory Authority G.S. JOS- 1 39; J 06-267; 
106-267.2. 

.0033 DOCUMENT AVAILABILITY 

Copies of documents adopted by reference 
in i NCAC »& rm^A throuRh mm 2 NCAC 
98 .0016 are available for inspection in the 
Office of the Director of the Food and Drug 
Protection Division and may be obtained at a 
cost as determined by the pubhsher by con- 
tacting the Superintendent of Documents, 
Government Printing Office, Washington, 
D.C. 20402. 

Statutory Authority G.S. 106-139; I50B-I4. 

SUBCHAPTER 9K - SAMPLING AND 

TESTING OF MILK AND CREAM: FROZEN 

DESSERTS 

SECTION .0100 - SAMPLING AND TESTING 
OF MILK AND CREAM 

.0102 GENERAL SAMPLING PROCEDURES 

(a) The sampling of raw milk for pro- 
ducer payment shall be as outlined in 3 NCAC 
^ T^OSa 2 NCAC 9B .0016 (d) (7} (Standard 
Methods for the Examination of Dairy Pro- 
ducts). 

(c) Farm Bulk Milk Hauler Samplers 
shall follow the procedures found in Sections 
VI through XIX of the "Farm Bulk Milk 
Haulers Manual" compiled by the United 
States Department of Agriculture, August 44t 
19 8 0, which is hereby adopted by reference in 
accordance with G.S. 150B-14 (c). A copy of 
the manual is available for inspection in the 
Office of the Director of the Food and Drug 
Protection Division and may be obtained at a 
cost as determined by the publisher by con- 



NORTH CAROLINA REGISTER 



656 



PROPOSED RULES 



tacting U.S.D.A. Agriculture Marketing Ser- 
vice, Dairy Division, Washington, DC 20250. 

Statutory Authority G.S. 106-139: 106-267; 
106-267.2. 



SUBCHAPTER 9M - DRLGS 

.0001 MANLFACTLRF.R REGISTRATION 

(a) Every person doing business in North 
Carolina and operating as a prescnption drug 
manufacturer, repackager or wholesaler shall 
submit a completed prescription drug registra- 
tion form to the department. A separate reg- 
istration form shall be submitted for each 
establishment operating m the state of North 
Carolina. Each registration form shall be 
signed by the owner or individual in charge. 

(b) A registration fee of one hundred 
doDars ($100.00) shall be submitted with each 
prescription drug registration form. 

(c) On or before December 3 1 of each 
year, ever}' person registered in accordance 
with (a) of this Rule shall submit a renewal 
form furnished by the division. 

(d) A fee of one hundred dollars 
($100.00) shall be submitted with each renewal 
form. 

(e) Prescription Drug Registration Forms 
may be obtained from the Eood and Drug 
Protection Di\ision. 

Statutory .Authority G.S. 1 06- 1 40. 1. 

CHAPTER 38 - STANDARDS DIVISION 

SECTION .0200 - APPROVAL OF WEIGHING 
.AND ME.\Sl RING DEVICES 

.0201 ADOPTION BY REFERENCE 

The board hereby adopts bv reference in 
accordance with G.S. 150B- 14(c) the National 
Bureau of Standards, Handbook 44, 19S7 e4i- 
tion, "Specifications, Tolerances, and Other 
Technical Requirements for Weighing and 
Measuring Devices" except as otherwise indi- 
cated in this Chapter. 

Copies of the above are available for in- 
spection in the Office of the Director of the 
Standards Division and may be obtained at a 
cost ©4" fiftoon dollaro ($15.00) pef copy as de- 
tcmiincd bv the publisher by contacting ttw 
publii . hor a4- tht* loUuw'inL! addrc ' i .'. : National 
Bureau el Standards, Dopartmont ©f Com 
morco. Superintendent of Documents. U.S. 
Go\emment Printing Office, Washmgton, 
D.C. 20402. 

Statutory Authority G.S. 8IA-2; lSOB-14. 



SECTION .0300 - PACKAGE AND LABELING 
REQUIREMENTS 

.0301 ADOPTION BY REFERENCE 

The following are adopted by reference in 
accordance with G.S. 150B- 14(c) as standards 
for packaging and labeling and for determining 
compliance of packaged goods with net con- 
tents labeling requirements; 

(1) National Bureau of Standards, Hand- 
book 130, 1987 e dition, "Packaging and 
Labeling Regulation," with the exception 
of Sections 13, 14, and 15 of the "Pack- 
aging and Labeling Regulation" which are 
deleted; 

(2) National Bureau of Standards, Hand- 
book 133, Second Edition "Checking the 
Net Contents of Packaged Goods". 
Copies of Handbook 130 and Handbook 

133 are available for inspection in the Office 
of the Director of the Standards Division and 
may be obtained at a cost »f te» dollars 
($10.00) aft4 HJfte dollarci ($9.00), respectiv e ly, 
pef copy, as determined by the publisher by 
contacting tl*« public i har at Ae follov i 'ing a4- 
dreso: National Buroau ef Standard - ' . , D e part 
m e nt »f Commorco, Superintendent of 
Documents, L'.S. Government Printing Office, 
Washmgton, D.C. 20402. 

Statutory Authority G.S. 81A-4; I SOB- 1 4. 

SECTION .0400 - METHOD OF SALE OF 
COMMODITIES 

.0401 ADOPTION BY REFERENCE 

The board hereby adopts bv reference in 
accordance with G.S. 150B- 14(c) the National 
Bureau of Standards, Handbook 130, 1987 
edition, ".Method of Sale of Commodities 
Regulation" with the following additions and 
exceptions to the 1987 "Method of Sale of 
Commodities Regulation": 

(1) Delete Section 1.2., "Bread", since this 
is addressed in General Statute 81A-41. 

(2) The preferred method for measuring 
fireplace and stove wood is by the cord 
or fractional parts of a cord, however, 
nothing in Section 2.3, "Fireplace and 
Stove Wood", shall be construed as pre- 
venting the purchaser and seller of fire- 
place or stove wood from agreeing on a 
quantity other than a cord or fractional 
parts of a cord. 

(3) Sections 2.9., 2.11., 2.19., 4., and 5. are 
deleted. 

(4) Section 2.18 applies only to kerosene sold 
in a container or kerosene sold through a 



657 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



retail device. In addition, a container or 
a device shall clearly and conspicuously 
indicate for 1-K kerosene "SUITABLE 
FOR USE IN UNVENTED 
HEATERS" and for 2-K kerosene "MAY 
NOT BE SUITABLE FOR USE IN 
UNVENTED HEATERS". 
(5) In Section 2.20., the temperature com- 
pensation requirements are not manda- 
tory. However, if a company elects to sell 
liquefied petroleum gas on a temperature 
compensated basis, then all meters in the 
truck fleet must be equipped with an ac- 
tivated automatic temperature 
compensator which will remain in con- 
tinuous operation for a period of not less 
than one year. 

Copies of National Bureau of Standards, 
Handbook 130, "Method of Sale of Com- 
modities Reg;ulation" are available for in- 
spection in the QlTice of the Director of the 
Standards Division and may be obtained at a 
cost as determined by the publisher by con- 
tacting Superintendent of Documents, U.S. 
Government Printing Office, Washington, 
D.C. 20402. 

Statutory Authority G.S. 8/A-4; I SOB- 14. 

.0402 DOCLMENT AVA1L.\BILITY 
(REPEALED) 

Statutory Authority G.S. 8/A-4; I50B-I4. 

CHAPTER 43 - MARKETS 

SUBCHAPTER 43F - MARKETING AND 
BRANDING: APPLES AND PEACHES 

.0003 STANDARDS FOR RECEPTACLES: 
LABELING: ETC. 

All closed containers in which apples or 
peaches are packed for sale, exposed for sale, 
or offered for sale, shall clearly and conspicu- 
ously be marked immediately after the con- 
tainers are closed in accordance with the 
following regulations: 
(7) Apple containers must show the appli- 
cable U.S. Grade or the equivalent state 
grade as registered with and approved by 
the North Carolina Board of Agriculture. 
Grades must appear on the principal dis- 
play panel or be marked "Unclassified," 
"Not Graded," or "Grade Not Deter- 
mined." State grado6 c . haU Het- h% shown 
without oorrooponding tl-rSr Grades. 
Peach containers are not required to show 
grade markings; however, when grade is 



shown, the product must meet that 
standard. 

Statutory Authority G.S. 106-185; 106-188; 
106-195. 

CHAPTER 48 - PLANT INDUSTRY 

SUBCHAPTER 48A - PLANT PROTECTION 

SECTION .0200 - HONEY AND BEE 
INDUSTRY 

.0209 INSPECTION OF NUCLEI AND QUEEN 
BREEDING APIARIES 

(f) All persons who sell, ship, or deliver 
either queen bees, package bees, or Nuclei in 
North Carolina must keep complete records 
of their acquisitions, sales, shipments, or de- 
liveries. These records must show contents of 
shipments; where sold, shipped, or delivered; 
to whom it was sold, shipped, or delivered; and 
the date sold, shipped, or delivered. These re- 
cords must be kept for three years after the 
transaction and must be made available to any 
North Carolina Department of Agriculture 
apiary inspector on request. All persons who 
sell, ship, or deliver either queen bees, package 
bees, or Nuclei in North CaroUna must register 
with the Plant Industry Division of the North 
Carolina Department of Agriculture. 

Statutory Authority G.S. 106-638. 

.0221 DISEASES AND DISORDERS OF 
SPECIAL CONCERN 

The following diseases, disorders, and 
conditions are of special concern to beekeeping 
in North Carolina. These are prescribed for 
special regulatory action as referenced in these 
Rules: 

(8) Africanized bee -_ Hybrids of Apis 
mellifera scutellata; 

(9) Varroa mite - Varroa jacobsoni. 



Statutory Authority G.S. 106-638; 106-639. 

.0238 AFRICANIZED BEE/VARROA MITE 
CLEAN UP AREA 

To prevent introduction of the 
Africanized bee (hybrids of Apis mellifera 
scutellata) and/or the Varroa mite (Varroa 
jacobsoni) into North Carolina through the 
ports at Morehead City and Wihnington, 
Africanized bee/Varroa mite clean up areas are 
hereby established at these ports. 

The clean up areas shall be that area en- 
compassed by a circle of two mile radius with 
center at western terminus of Morehead City- 



NORTH CAROLINA REGISTER 



658 



PROPOSED RULES 



Beaufort bridge on U.S. 70 in Morehead City, 
North Carolina and a circle of two mile radius 
with center at the western terminus of 
Shipyard Boulevard in Wilmington, North 
CaroUna. 

These areas are hereby declared bee-free 
areas. No bees shall be kept or husbanded in 
these areas without permission of the state 
apiarist. Apiary inspectors are authorized to 
take and/or destroy any bees found in these 
areas including bees on ships or in cargo. No 
one shall transport or ship bees into or from 
these areas unless they are part of a bee ship- 
ment through the ports. 

Any cargo containing bees shall not be 
removed from the area until declared bee-free 
by an Apiar>' Inspector. No one shall capture 
or take a swarm of bees from the area. Bees 
and their progeny taken from the area shall be 
subject to destruction without regard as to 
whether they are Africanized or not. 

Statutory^ Authority G.S. I06-63S; 106-639. 

SECTION .0600 - BOLL WEEVIL 

.0608 REPORTING OF ACREAGE: 

LOC.VTION OF COTTON ACREAGE 

All cotton farm operators and growers of 
noncommercial cotton in an elimination zone 
shall submit a Cotton Acreage Reporting 
Form by Juno 4-^ July j_ of the current growing 
season to the county ASCS office. A report 
shall be filed for each year of participation Ln 
the program. 

(1) Noncommercial cotton shall not be 
planted in an elimination zone. Growers 
of noncommercial cotton in an elimi- 
nation zone may apply for a waiver to 
grow cotton in an elimination zone. Ap- 
plications, in writing, shall be made to the 
Plant Pest Administrator stating the con- 
ditions under which he requests such 
waiver. The decision whether or not to 
waive all or part of these requirements 
shall be based on the following: 

(a) location of growing area; 

(b) size of growing area; 

(c) pest conditions in the growing area; 

(d) accessibility of growing area; 

(e) any stipulations set forth in a compli- 
ance agreement between the individual 
and the Department of Agriculture that 
are necessar>' for the effectuation of the 
program. 

(2) Written application for waivers shall be 
made to the Plant Pest Administrator for 
review. 



Statutory Authority G.S. 106-65.77; 106-65.91. 

.061 1 REQUIREMENTS FOR PROGRAM 
PARTICIPATION 

All cotton farm operators in the state are 
hereby required to participate in the 
eradication program. Participation shall in- 
clude timely reporting of acreage and field lo- 
cations, compliance with regulations, and 
payment of fees. Farm operators within the 
elimination zone, shall be notified through the 
extension offices or newspapers of their pro- 
gram costs on a per acre basis on or before 
March 15. The following procedures are re- 
quired for participation in the program: 

(1) Filling out a Cotton Acreage Reporting 
Form at the ASCS office by Juno 44 July 
j_ of the current growing season for which 
participation is desired. At this time a 
nonrefundable fee of no more than te» 
dollars ($10.00) six doUars ($6.00) per acre 
as determined by the commissioner based 
on certified acreage reported by the farm 
operator, shall be paid. Those farm op- 
erators not reporting their acreage by Juno 
44 July ]_ will not be considered as a pro- 
gram participant. All acreage reported by 
such nonparticipants after Jun e 44 July J_ 
wlU be considered in excess and subject to 
penalty. 

(2) All fees shall be paid by the farm opera- 
tor. Fees shall be made payable to and 
collected by ASCS. 

Farm operators in the elimination zone 
whose ASCS measured acreage exceeds the 
grower reported acreage by more than 10 per- 
cent, shall be assessed a penalty fee of five 
dollars ($5.00) per acre on that acreage in ex- 
cess of the reported acreage. Any person 
whose reported acreage exceeds the ASCS 
measured acreage by more than 10 percent due 
to emergency or hardship conditions may ap- 
ply for a waiver. Any farm operator applying 
for a waiver shall make application in writing 
to the Plant Pest Administrator stating the 
conditions under which he requests such 
waiver. Waiver requests involving financial 
hardship must be accompanied by a fmancial 
statement from a bank or lending agency. AH 
farm operators granted waiver requests for fi- 
nancial hardship wiU be charged interest paya- 
ble at a rate equal to 15 percent per annum. 
The decision whether or not to waive all or 
part of these requirements shall be made by the 
Plant Pest Administrator and notification 
given to the farm operator within two weeks 
after receipt of sych application. Decision 



659 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



shall be based on the following: 
meteorological conditions, economic condi- 
tions, and any other uncontrollable destructive 
forces. 

Failure to pay all remaining fees on or 
before fely 4- July 15 of the current growing 
season will result in a penalty fee of ten dollars 
($10.00) per acre. Failure by a farm operator 
to pay all program costs as of J«4y 4- July 15 
or upon notification of ASCS measured acre- 
age, whichever is later, shall be a violation of 
this Section. The farm operator when found 
in violation of this Section and upon notifica- 
tion shall completely destroy all cotton not 
found to be in compliance with the provisions 
of this Section. If such farm operator fails to 
comply with these Regulations, the Commis- 
sioner of Agriculture, through his duly au- 
thorized agents, shall proceed to destroy such 
cotton in accordance with the provisions of 
Article 4 and Article 36 of Chapter 106 of the 
North Carolina General Statutes. 

Acreage subject to hardship conditions 
after all the growers' share of the program have 
been paid and prior to the initiation of pro- 
gram field operations may be considered for a 
refund. The refund amount will be determined 
by the actual program cost per acre up to the 
time of hardship. 

Statutory Authority G.S. 106-65.74; 106-65.77; 
/ 06-65. 88; / 06-65.9/. 

CHAPTER 52 - VETERINARY DIVISION 

SUBCHAPTER 52B - ANIMAL DISEASE 

SECTION .0200 - ADMISSION OF 
LIVESTOCK TO NORTH CAROLINA 

.0204 IMPORTATION REQUIREMENTS: 
BRUCELLOSIS 

(a) All cattle imported into North 
Carolina, regardless of the class of state, are 
subject to the provisions of this Rule, as fol- 
lows: 

(4) no cattle will be accepted (other than 
those consigned to immediate slaugh- 
ter) which have been adult vaccinated 
against brucellosis or originate from in- 
fected, exposed or quarantined herds; 

(5) required retests will be performed by 
representatives of State Veterinarian at 
no expense to the owner, or the owner 
may have the tests conducted by an ac- 
credited veterinarian at his expense; and 



(6) all cattle shall be negative in all dilutions 
if tube or plate agglutination test is 
used, or negative to official card test. 
(b) In addition to the requirements of (a) 
of this Rule, cattle imported from brucellosis- 
free and class-A states shall comply with the 
following: 

(2) cattle from Free states and class A states 
which originate from the farm of origin 
and move directly to an approved 
stockyard or farm in North Carolina in 
compliance with this part are not re- 
quired to be tested within 45 to 120 
days after entry. However, the State 
Veterinarian strongly recommends a re- 
test and retests may be performed by a 
representative of the State Veterinarian 
at no expense to the owner. Eligible 
cattle which have been commingled in 
a stockyard prior to importation must 
in addition to the requirements of this 
part pass a negative retest within 45 to 
120 days after arrival in this state. 

Statutory Authority G.S. 106-22; 106-307.5; 
106-396. 

.0207 IMPORTATION REQUIREMENTS: 
SWINE 

(b) Breeding swine shall originate from a 
"Validated Brucellosis- Free" herd or a "Vali- 
dated Brucellosis-Free" State and pass » noga 
Hve official blood test fef pseudorabioo within 

from a "Qualified Pseudorabies- Froo 
Negative " herd as defined in Title 9, Parts 78. 1 
and 85 of the Code of Federal Regulations. 
A permit issued by the State Veterinarian of 
North Carohna is required for all breeding 
swine entering the state. The permit number 
must be shown on the interstate health certif- 
icate accompanying each shipment. 

(c) All feeder swine imported into the 
state shall be accompanied by an official health 
certificate issued by a state, federal or accred- 
ited veterinarian stating that: 

(1) No pseudorabies vaccine has been used 
in the herd of origin, unless the heard 
is a pseudorabies Controlled Vaccinated 
herd as defined in Title 9^ Part 85.1 of 
the Code of Federal Regulations, or a 
pseudorabies monitored vaccinated 
herd; or 

(2) The swine were tested and found nega- 
tive for pseudorabies within 30 days 
prior to importation; or 



NORTH CAROLINA REGISTER 



660 



PROPOSED RULES 



(3) The su'ine originated from a 
pscudorabies-free area as determmed by 
the State \'etennarian; or 

(4) the swine onginated from a Qualified 
Pseudorabies Negative Herd as defmed 
in I'ltle 9^ Part 85 of the Code of Fed- 
eral Regulations: or 

(5) the swine originated from a monitored 
feeder pig herd. For the purposes of 
this Regulation, in order to qualify as a 
monitored feeder pig herd, testing must 
have been performed in accordance 
with the following standards: 

(A) In herds of _10 or fewer breeding 
swine, all breeding swine must test neg- 

prior to 



ative within 12 months 



unportation. 
(B) In herds of ]J_ to 35 breedmg swine, 
10 randomlv selected breeding animals. 



(to include gilts, sows and boars) must 
test negative within 12 months prior to 
importation. 

(C) In herds of more than 35 breeding 
swme, either 30 or 30 percent of the 
total herd. whiche\'er is less, randomlv 
selected breeding gilts, sows and boars 
must test negati\e within 12 months 
prior to importation. 

(D) All breeding gilts, sows and boars in 
a herd shall be subject to random se- 
lection for testing. 



(E) Testing must be done bv use of an 
official pseudorabies test, as defined in 
Title 9, Part 85 of the Code of Federal 
Regulations. 

(-6-^ [d| Healthy swine for feeding aft4 
broodmg purposes may move directly from a 
farm of origin in anothor a contiguous state on 
which they have been located for not less than 
30 days to a livestock market or stockyard in 
North Carolina that has been state-federal ap- 
proved for handling fuoding aft4 brooding 
feeder swine, providod other applicabl e pro 
vif . ionfi ef th e f .e i - lulo;: . hav e boon mot. without 
the health certificate required herein, provided 
such swinc are accompanied bv proof of the 
pseudorabies status of the herd of origin ac- 
ceptable to the State \'eterinarian. Such swine 
shall be mspectcd by a state or federal inspec- 
tor or approN'ed accredited \etertnarian prior 
to sale at the market. 

(44 Swin e imported iftte Ae f i tatt* fop 
tooding purpogt'f . . oxcopt a* pro' i ided fef m 
Paragraph tei fe>f tfej^ Ruk * . w*4 tiiono sw«* 
e .\po! .e d te- thorn bh tiw i' . iuno promiooi: . , shall 
^ quarantined afi4 %ei4 evf consigned ©ftiy- to 
i ' laughtor. Tliif . roquiromont may fe>e ' . ' l ai' i od 



^i written pormit from th« Stato V e t e rinarian 
ef kj* authoriaod ropro&ontativo. 

(e) Healthy swine may be shipped into 
the state for immediate slaughter without a 
health certificate provided they go directly to a 
slaughtering establishment approved by the 
State Veterinarian, or to a state-federal ap- 
proved livestock market or stockyard for sale 
to an approved slaughtering establishment for 
immediate slaughter only. 

(f) As used in (c')( 1) hereof, a "monitored 
vaccinated herd" means a herd in which all 
breeding swine over six months of age have 
been officially vaccinated bv an accredited 
veterinarian with a \'accine the titers of which 
can be distmguished from pseudorabies field 
infections and the herd has passed an official 
random sample test or complete herd test dur- 
ing the preceding 12 months. (From proposed 
Pseudorabies Eradication L'niform Methods 
and Rules of the United States Department of 
Agriculture). 

Note: Violation of this regulation is a 
misdemeanor under G.S. 106-307.6, which 
provides for a five hundred doUar ($500.00) 
fme, six months imprisonment, or both. 

Statutory Authority G.S. J 06-307. 5; 106-3 16.1; 
106-317: 106-3 IS. 

SUBCHAPTER 52C - CONTROL OF 

LIVESTOCK DISE.\SES: MISCELLANEOUS 

PROVISIONS 

SECTION .0100 - DISEASED AND DEAD 
ANIMALS 

.0105 PSEUDORABIES STATUS AND 
TESTING 

(a) Feeding and breeding swine may not 
be transported on any public road or held in 
any public place unless accompanied by a 
written permit from the State Veterinarian or 
proof satisfacton' to the State Veterinarian 
that: 

(1) No pseudorabies vaccine has been used 
in the herd of origin, unless the herd is 
a pseudorabies Controlled Vaccinated 
herd as defmed in Title 9, Part 85.1 of 
the Code of Federal Regulations, or a 
pseudorabies monitored vaccinated 
herd; or 

(2) Tne swine were tested and found nega- 
tive for pseudorabies within 30 days 
prior to movement; or 

(3) The swine originated from a 
pseudorabies-free area as determined by 
the State Veterinarian; or 



661 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(4) The swine orginated from a Qualified 
Pseudorabies Negative Herd as defined 
in Title 9, Part 85 of the Code of Fed- 
eral Regulations; or 

(5) The swine originated from a monitored 
feeder pig herd. For the purposes of 
this regulation, in order to qualify as a 
monitored feeder pig herd, testing must 
have been performed in accordance 
with the following standards: 

(A) In herds of ten or fewer breeding 
swine, all breeding swine must test neg- 
ative within 12 months prior to move- 
ment. 

(B) In herds of 1 1 to 35 breeding swine, 
ten randomly selected breeding animals, 
(to include gilts, sows and boars) must 
test negative within 12 months prior to 
movement. 

(C) In herds of more than 35 breeding 
swine, either 30 or 30 percent of the 
total herd, whichever is less, randomly 
selected breeding gilts, sows and boars 
must test negative within 12 months 
prior to movement. 

(D) AH breeding gilts, sows and boars in 
a herd shall be subject to random se- 
lection for testing. 

(E) Testing must be done by use of an 
official pseudorabies test, as defmed in 
Title 9, Part 85 of the Code of Federal 
Regulations. 

(b) The State Veterinarian or his repre- 
sentative is authorized to test swine for 
pseudorabies in accordance with G.S. 
106-400.1. 

(c) Swine transported on a public road 
or held in a public place in violation of this 
regulation are subject to quarantine and may 
be transported or held only by written permit 
from the State Veterinarian or his represen- 
tative. 

(d) As used in (a) (1) hereof, a "moni- 
tored vaccinated herd" means a herd in which 
all breeding swine over six months of age have 
been officially vaccinated by an accredited 
veterinarian with a vaccine the titers of which 
can be distinguished from pseudorabies field 
mfections and the herd has passed an official 
random sample test or complete herd test dur- 
ing the preceding 12 months. (From proposed 
Pseudorabies Eradication Uniform Methods 
and Rules of the United States Department of 
Agriculture). 

Note: Violation of this regulation is a 
misdemeanor under G.S. 106-22(3), and is 
punishable by fme or imprisonment of not 
more than two years, or both. 



Statutory Authority G.S. 106-22(3); 106-400. 1. 



****************** 

Jyotice is hereby given that in response to a 
rulemaking petition filed by the Chatham 
County Board of Commissioners, the North 
Carolina Pesticide Board intends to hold a 
public hearing, in accordance with G.S. 
I SOB- 1 2, to consider the amendment of 2 
NCAC 9L .1002 and 2 NCAC 9L .1005. 

1 he proposed effective date of this action is 
May I. 1988. 

1 he public hearing will be conducted at the 
following locations, times and dates: 

A uditorium 

Catawba Valley Technical College 

Highway 64-70 East 

Hickory, NC 28601 

February 17, 1988 

7:30 p.m. 

Humber Building. Room 209 
Pitt Community College 
Highway II South 
Greemille, NC 27834 
February 25, 1988 
7:30 p.m. 

Board Room (Room 359), Agriculture Bldg. 

N.C. Department of Agriculture 

One West Edenton Street 

Raleigh, NC 27611 

March 3, 1988 

2:00 p.m. 



Co 



-omment Procedures: Interested persons 
may present statements either orally or in writ- 
ing at the public hearing or in writing prior to 
the hearing by mail addressed to Mr. John L. 
Smith, Secretary, North Carolina Pesticide 
Board, P. O. Box 27647, Raleigh, NC 27611. 



SUBCHAPTER 9L - PESTICIDE SECTION 

SECTION .1000 - AERIAL APPLICATION OF 
PESTICIDES 

.1002 GENERAL REQUIREMENTS 

(1| Any person who contracts for an ae^ 
rial application of a pesticide shall provide in- 



NORTH CAROLINA REGISTER 



662 



PROPOSED RULES 



dividual and public notirication not less than 
72 hours prior to the commencement of each 
such application. 

( 1) Individual and public notification shall 
include at least the following informa- 
tion: 

(A) date and approximate time of day of 
the application; 

(B) brand name and EPA registration 
number of each pesticide to be applied; 

(C) name, address, and telephone num- 
ber of the indi\idual, firm, or corpo- 
ration conducting the spraying; and 

(D) name, address, and telephone num- 
ber of the mdividucil contracting for the 
application. 

(2) For the purposes of this Paragraph, in- 
di\idual notification is defined as writ- 
ten coinmunication delivered to the 
head of household or. in his or her ab- 
sence, to an inhabitant of legal age of 
any residence located within 1.000 feet 
of the target area to be spraved. Such 
wntten communication may be by 
means of: 

(A) U.S. mail: or 

(B) notice left at residence. 

(3) 1 or the pun'>oscs of this Paragraph, 
public notification is defined as posting 
o| clear warning signs to be in place at 
least 72 hours prior to commencement 
of the application: 

(A) aX the comers and at a distance of 
every' one-half mile along the perimeter 



of the tarsict area to be ? 



to he spray 



cd; 



(B) at a distance of every one-half mile 
along any public road located within 
one-half mile of the boundary of the 
target area to he sprayed. 

Statutory Authority G.S. 143-458: 143-466. 

.1005 RESTRICIED AREAS 

(e) No pesticide shall be deposited witliin 
+©0 1.000 feet of any residence unless the aerial 
apphcator has prior written consent of a» m- 
habitant »f !«t4 ruuidonco ef k»g*l ttge the head 
of household. The party who is contractmg 
for the senices of an aerial applicator shall 
obtain the written consent and forward it to 
the aerial apphcator for record keeping pur- 
poses. The consent agreement shall include: 

(1) date of agreement; 

(2) time period for which the consent is 
valid; 

(3) location or designation of the residence; 
(4^ signaturu »f the conwuting inhabitant 

&f rcoidonco. 



(£1 



(51 



name and EPA registration number of 
the pesticide(s) to be apphed as well as 
an explanation of possible hazards; 
name, address, and telephone number 
of aerial apphcator and/or contractor 
as well as contracting agent; 
a statement that any consenting party 



[61 a 

may withdraw his or her consent at any 
time by notifying in writing the party 
which requested the consent. Upon 
such notification, the previous consent 
shall be in\'alidated; and 
(7) signature of person consenting and per- 
son seeking consent. A copy of the 
agreement wLU be kept by both parties. 
Aft¥ oonoonting inhabitant tH«y ' I ' l ithdraw his 
conoont at- aoy time fey notifying ift ss'riting tfee 

l-'LLl V^r T 1 1 1_1 1_ 1 1 I 1. U (J \_ L.1 H_' U mW \.\J I lL"w i 1 1 . V - [-''-' • ' U U V 1 1 

notification, the presious consent shall be ift- 
validatod. No party may consent to aerial ap- 
pUcation of pesticides within 300 feet of a 
residence, and no pesticide may be deposited 
by aircraft within 300 feet of a residence. 

Statutory Authority G.S. 143-458. 

TITLE 4 - DEPARTMENT OF 
COMMERCE 



J V otice is hereby given in accordance with G.S. 
I50B-I2 that the North Carolina .Alcoholic 
Be\'erage Control Commission intends to amend 
regulations cited as 4 NCAC 2R .0902; 2S 
.0/07; .0515. 

1 he proposed effective date of this action is 
June 1, 1988. 

1 he public hearing will be conducted at 10:00 
a.m. on Xfarch 4, 1988 at the ABC Commission 
Offices, Hearing Room 101 , 3322 Garner Road, 
Raleigh, NC. 



Co 



omment Procedures: Data, opinions and 
arguments should be submitted prior to January 
19, 1988, to the Commission at P. O. Box 
26687, Raleigh, N.C., 27611-6687. Persons 
desiring to speak at the hearing are requested 
to notify the Commission prior to March 4, 
1988. 

CHAPTER 2 - ALCOHOLIC BE\ ERAGE 
CONTROL COMMISSION 

SUBCHAPTER 2R - ORGANIZATIONAL 
RULES: POLICES AND PROCEDURES 



66i 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



SECTION .0900 - FISCAL RULES FOR LOCAL 
BOARDS 

.0902 MAINTENANCE OF WORKING CAPITAL 

(b) A local board shall set its Working 
Capital requirements at not less than ese 
mo nth two weeks' average gross sales of the 
last fiscal year nor greater than four months' 
average gross sales of the last fiscal year. Gross 
sales means gross receipts from the sale of al- 
coholic beverages less distributions as defmed 
in G.S. 18B-805(b)(2),(3), and (4). 

Statutory Authority G.S. J8B-702(e); 
l8B-805(d). 

SLBCMAPTER 2S - RETAIL BEER: WINE: 

MIXED BEVERAGES: 

BROWNBAGGING: ADVERTISING: SPECIAL 

PERMITS 

SECTION .0100 - DEFINITIONS: PERMIT 
APPLICATION PROCEDURES 

.0107 SPECIAL REQUIREMENTS FOR PRIVATE 
CLUBS 

(c) Mandatory Requirements. To qual- 
ify as a private club, a facihty shall meet the 
following requirements concerning member- 
ship: 

(4) grant »» mumbLTohip ooonor than throo 
days at tor roooipt »f apphcation; 

{fPf {6} issue written or printed evidence of 
membership to each member, which 
evidence of membership or other rea- 
sonably reliable document of identifica- 
tion shall be in the possession of each 
member present on the licensed prem- 
ises; 

(^ (22 maintain on the premises a current 
alphabetical roster of all members and 
their complete addresses; 

(^ (8) maintain and provide to each mem- 
ber a written policy concerning the use 
of facihties by guests. 

Statutory .4uthority G.S. 1 88-207; 188-900; 
188-90/; 188-902; 188-1000(5); 188-1008. 

SECTION .0500 - ADDITIONAL 

REQUIREMENTS FOR MIXED BEVERAGES 

PERMITTEES 

.0515 PRIVATE CLUBS: GENERAL 
PROHIBITIONS: GUESTS 

(a^ Neither a privato club mixed 

bovoragoa pcrmittoo HOf hw e mpioyoo ' ihall: 
(+) allow afty poroon who is Ret a mombor 
ef a bona fid© guost &f a mombor te be 



prooont as a patron e» the promiooo ef 

a privat e club; ef 
(5^ grant momborohip privilogoo to th« pfi- 

vate ektb t» aay p e roon oarlior than 

throo days from tfe© receipt »f his appli 

cation fef momborohip . 
(a) Neither a private club permittee nor 
his employee shall allow any person who is not 
a member or a bona fide guest of a member to 
be present as a patron on the premises of a 
private club. 

Statutory Authority G.S. 188-207; 188-1008. 

■k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k 



i V otice is hereby given in accordance with G.S. 
1508-12 that the North Carolina Cemetery 
Commission intends to amend regulation cited 
as4 NCAC 5D .0202. 

1 he proposed effective date of this action is 
May 1, 1988. 

1 he public hearing will be conducted at 10:00 
a.m. on March 24, 1988 at Room 2063, Dobbs 
Building. Raleigh, NC. 



c 



omment Procedures: Written comments 
may be sent to the Cemetery Commission, Post 
Office Pox 25249, Raleigh, North Carolina 
2761 1 . Requests for opportunity to present oral 
testimony and a summary of the testimony must 
be received at this address by March 21 , 1988. 

CHAPTER 5 - CEMETERY COMMISSION 

SUBCHAPTER 5D - TRUST FUNDS 

SECTION .0200 - PRE-NEED CEMETERY 

MERCHANDISE: PRE-CONSTRUCTED 

MAUSOLEUMS AND BELOW GROUND 

CRYPTS TRUST FUNDS 

.0202 DELIVERY 

(a) Vaults and crypts shall not be con- 
sidered delivered unless installed or stored on 
the cemetery premises or stored off premises 
by a supplier. If vaults are not to be installed, 
contract must so state in bold print that pur- 
chaser has accepted above ground dehvery. If 
vault is to be installed, then the contract must 
be broken down into sales cost and installation 
cost. 

(b) Markers, bases and vases shall not be 
considered delivered unless installed or stored 
at the cemetery or if stored off premises by a 



NORTH CAROLINA REGISTER 



664 



PROPOSED RULES 



supplier, there shall be no additional charge for 
delivery or freight, unless specified in bold 
print in the contract. •?>»«• p e rson. &«» ef eef- 
poration shall b© dcomod a c . upplier fof p»?- 
po ' jL'o ef Afe fttle unless itr If vaults, cPv'pts or 
other merchandise are stored off premises the 
cemetery' company must submit to the Ceme- 
tcr\' ('ommission not less than annually a re- 
port bv a certified public accountant of each 
item which has been purchased through a 
North Carolina cemeter\" company and which 
at the date of the report was then in storage 
and properly designated the property of the 
cemetery company's customer and not the 
propert\ of the supplier. 

(4^ pormanontly aft4 unalt e rably identifies 
ouch such merohandiso item with tiie 
namo ©f the purchaser; tift4 when the 
it e m i* manufactured aft4 placed iftte 
tbe storag e facility a Cortificato e4^ Title 
i* prepared aft4 issued te t4*e let owner 
through Ae c e m e t e Pr: 
f^ submits \» tl*e Cemetor> Commission 
set lewr tlMft annually a report by a 
certified publio accountant ©f each 
merchandic d item ' ■ vhich ha* been pur 
chas e d through a North Carolina cem 
etep .' company aft4 which, at- tlte dati? 
&f such r e port, wa* th e n m storag e ; 
(4^ permits tfee CemetoP i' Commission »f 
ite design e e, a* any time, to exainine ali 
stored merchandise which W4» pur 
chased through afw North Carolina 
cemetepy afi4 te examine af*¥ document 
pertaining thereto: 
f-14 submits evidence ©f a bond insuring Ae 
existing aft4 good tf(4e ©f aft¥ merchan 
d«e 4«e aft¥ purchas e r purchased 
througli a North Carolina cemetepy 
company; aft4 ' ■ ' ■ hich unconditionally 
guarantees fe- tl*e North Carohna Com 
etery Commission prompt delisepy ef 
aft ov i 'ner'n merchandise it e m; 
(4) submits e^ i ddence insuring t4«tt- all mor 
chandise purchased tlirougli a North 
Carolina cemotop . ' company i* i nsured 
f&f fifer casualty, theft ©f other 1©** 
normally assumed by a baile e fof hir e ; 
f^ submits a certified financial stat e m e nt 
©f tfe* applicant company at tl*e time 
©f application f©F s torag e approal aft4 
amiually th ereaft e r f©F tl^ approval Bi 
tl*e commission. 
(c) If opcnmg and closing of cr>pts at the 
time of interment are not included in the cost 
of this merchandise, then it must be so stated 
in bold print on the contract. 



Statutory Authority G.S. 65-49. 

TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



i V otice is hereby given in accordance with G.S. 

J SOB- 1 2 that the Social Services Commission 

intends to adopt, amend and repeal regulations 

cited as 10 NCAC 41 A .0007; 24 A .0504 - 

.0505 

.0308; 

.0609 

.0902; 

.1204; 

.1507 

.2101 

.2401 

.2711 

.3003; 

.3307; 

.3602 



3J .0101 - .0106; .0201 - .0205; .0301 - 
.0401 - .0413; .0501 - .0507; .0601 - 
.0701 - .0708; .0801 - .0807; .0901 - 
.1001 - .1002; .1101 - .1105; .1201 - 
.1301 - .1307; .1401 - .1419; .1501 - 
.1601 - .1603; .1701 - .1704; .1801; 
- .2102; .2201 - .2206; .2301 - .2308; 



.2501 
.2801 
.3101 
.3401 



.2508; .2601 - .2604; .2701 - 
.2802; .2901 - .2907; .3001 - 



.3104; .3201 
.3408; .3501 



.3202; .3301 
.3502; .3601 



.3701 - .3702; 24A .0607; 47A .0502; 
49B .0312; 49B ..0309. .0605; 0609; 47A .0507. 

1 he proposed effective date of this action is 
May 1, 1988. 

I he public hearing will be conducted at 10:00 
a.m. on February 17, 1988 at Woodoak Build- 
ing, Second Floor Conference Room, 1100 
Navaho Drive, Raleigh, \C 

Co 



17609. 



omment Procedures: A ny interested person 
may present hisjher views and comments either 
in writing or orally at the hearing. Any person 
may request information, permission to be 
heard or copies of the proposed regulations by 
writing or calling Bonnie Allred, 325 N. 
Salisbury Street, Raleigh, N.C. 27611, (919) 
733-3055. 

CH.\PTER 3 - FACILITY SERVICES 

SI BCHAPTER 3J - THE OPERATION AND 

CONSTRLCriON OF LOCAL 

CONFINEMENT 

FACILITIES 

SECTION .0100 - DEFINITIONS 

.0101 COLNTY JAIL (REPEALED) 
.0102 MUNICIPAL JAIL (REPEALED) 
.0103 LOCAL LOCKUP (REPEALED) 
.0104 REGIONAL OR DISTRICT JAIL 

(REPEALED) 
.0105 DETENTION FOR CHILDREN (JUVENILE 

DETENTION HOMES) (REPEALED) 
.0106 TER.MINOLOGY (REPEALED) 



665 



NOR TH CA ROLINA R EG IS TER 



PROPOSED RULES 



Statutory Authority G.S. I53A-220; 153A-22I; 
I53A-22I.I. 

SECTION .0200 - DESIGN DEVELOPMENT 

AND APPROVAL FOR NEW JAILS AND 

MAJOR RENOVATIONS 

.0201 ARCHITECT OR ENGINEER (REPEALED) 
.0202 CONSULTATIVE AND TECHNICAL 

SERMCES (REPEALED) 
.0203 SUBMISSION OF WORKING PLANS 

AND SPECIFICATIONS (REPEALED) 
.0204 APPROVAL (REPEALED) 
.0205 COMPLIANCE WITH BUILDING CODE 

(REPEALED) 



Statutory Authority G.S. 
I53A-22I. 



108-80; J 53 A- 220: 



SECTION .0300 - BUILDING MATERIALS 
AND CONSTRUCTION REQUIREMENTS 

.0301 EXTERIOR (REPEALED) 

.0302 INTERIOR WALLS IN SECURITY 

(REPEALED) 
.0303 INTERIOR FLOORS (REPEALED) 
.0304 INTERIOR CEILINGS (REPEALED) 
.0305 INTERIOR STEEL GRATINGS 

(REPEALED) 
.0306 SAFETY VESTIBULES (REPEALED) 
.0307 NON-COMBUSTIBLE MATERIALS 

(REPEALED) 
.0308 FIRE-RESISTIVE CONSTRUCTION 

(REPEALED) 

Statutory Authority G.S. J53A-220; I53A-22I. 
SECTION .0400 - DOORS 

.0401 BOOKING OR CONTROL AREA DOORS 

(REPEALED) 
.0402 EXIT DOORS (REPEALED) 
.0403 SALLY PORT DOOR (REPEALED) 
.0404 SPEAKING PANEL AND OBSERV.\TION 

PORT (REPEALED) 
.0405 ENTRANCE TO INSPECTION 

CORRIDORS (REPEALED) 
.0406 ENTRANCE TO SECURITY AREA 

(REPEALED) 
.0407 INDIVIDUAL ROOM GRILL DOORS 

(REPEALED) 
.0408 PIPE CHASE ACCESS DOORS OR 

PLATES (REPEALED) 
.0409 OBSERVATION PORTS AND FOOD 

PASSES (REPEALED) 
.0410 OPERATING HATCH (REPEALED) 
.041 1 OVER-RIDE OPERATION (REPEALED) 
.0412 DOOR-LOCKING MECHANISMS 

(REPEALED) 
.0413 ELEVATOR DOORS (REPEALED) 



Statutory Authority G.S. 
I53A-22I: 153A-228. 



14-261; I53A-220; 



SECTION .0500 - WINDOWS AND SECURITY 
SCREENING 

.0501 CONFINEMENT AREA WINDOWS 

(REPEALED) 
.0502 DETENTION SASH (REPEALED) 
.0503 INSPECTION CORRIDOR WINDOWS 

(REPEALED) 
.0504 SCREENING (REPEALED) 
.0505 GLAZING (REPEALED) 
.0506 SKYLIGHTS (REPEALED) 
.0507 BOOKING AREA WINDOWS 

(REPEALED) 

Statutory Authority G.S. I53A-220; I53A-221. 

SECTION .0600 - SINGLE ROOM 
REQUIREMENTS 

.0601 PERCENTAGE OF TOTAL CAPACITY 

(REPEALED) 
.0602 AREA (REPEALED) 
.0603 PLUMBING (REPEALED) 
.0604 ISOLATION ROOMS (REPEALED) 
.0605 SHOWER (REPEALED) 
.0606 SHELF AND CLOTHES HOOK 

(REPEALED) 
.0607 MIRROR (REPEALED) 
.0608 BUNK (REPEALED) 
.0609 NATURAL LIGHT (REPEALED) 

Statutory Authority G.S. I53A-220; I53A-22I. 

SECTION .0700 - MULTIPLE ROOM 
REQUIREMENTS 

.0701 CAPACITY (REPEALED) 

.0702 SIZE (REPEALED) 

.0703 PLUMBING (REPEALED) 

.0704 SHOWER (REPEALED) 

.0705 SHELF AND CLOTHES HOOK 

(REPEALED) 
.0706 MIRROR (REPEALED) 
.0707 BUNK (REPEALED) 
.0708 NATURAL LIGHT (REPEALED) 

Statutory Authority G.S. I53A-220; I53A-22I. 

SECTION .0800 - DORMITORY AREA 
REQUIREMENTS 

.0801 CAPACITY (REPEALED) 

.0802 AREA (REPEALED) 

.0803 PLUMBING (REPEALED) 

.0804 SHOWER (REPEALED) 

.0805 MIRROR (REPEALED) 

.0806 TABLE AND BENCH (REPEALED) 

.0807 NATURAL LIGHT (REPEALED) 

Statutory Authority G.S. I53A-220; I53A-22I. 

SECTION .0900 - AREAS FOR SEPARATION 
BY INMATE CATEGORY 



NORTH CAROLINA REGISTER 



666 



PROPOSED RULES 



.0901 FEMALES (REPEALED) 
.0902 JL'VEMLES (REPEALED) 

Statutory Authority G.S. 14-261; I53A-220; 
I53A-22I: I53A-22I.I: I53A-228. 

SECTION .1000 - JAIL BUNKS 

.1001 STEEL Bl NKS (REPEALED) 
.1002 DOLBLE BUNKS (REPEALED) 

Statutory Authority G.S. I53A-220; 153A-22I. 

SECTION .1 100 - DAY ROOM AND SAFETY 

VESTIBULE REQUIREMENTS: COUNTY 

JAIL 

.1101 AREA (REPEALED) 

.1102 PLUMBING (REPEALED) 

.1103 BENCH AND TABLE (REPEALED) 

.1104 DOUBLE DOOR (REPEALED) 

.1105 CAPACITY (REPEALED) 

Statutory Authority G.S. 153A-220; 153A-221. 

SECTION .1200 - HOLDING AREAS 

.1201 AREA REQUIRED (REPEALED) 

.1202 OBSERVATION (REPEALED) 

.1203 CONSTRUCnON (REPEALED) 

.1204 FURNISHINGS (REPEALED) 

Statutory Authority G.S. J53A-220; I53A-22I. 

SECTION .1300 - OTHER AREAS 

.1301 STORAGE (REPEALED) 

.1302 MEDICAL EXAMINING ROOM 

(REPEALED) 
.1303 CONFERENCE AREAS (REPEALED) 
.1304 INMATE VISITATION (REPEALED) 
.1305 LAUNDRY (REPEALED) 
.1306 MOP CLEAN-UP STATIONS 

(REPEALED) 
.1307 WATER DRAINS (REPEALED) 

Statutory .Authority G.S. I53A-220; I53A-22I. 

SECTION .1400 - SAFETY AND SECURITY 
REQUIREMENTS 

.1401 KE^S (REPEALED) 

.1402 SLEEPING ROOM AND DA^ROOM 

LIGH riNG FIX! LRES (REPEALED) 
.1403 CORRIDOR LIGHTING (REPEALED) 
.1404 NIGHT LIGHTING (REPEALED) 
.1405 NON-DOMICILIARY LIGIHING 

(REPEALED) 
.1406 SECURITY FIXTURES (REPEALED) 
.1407 HEATING EQUIPMENT (REPEALED) 
.1408 VENIILATION (REPEALED) 
.1409 COOLING (REPEALED) 



.1410 SALLY PORT CONTROL (REPEALED) 

.1411 MIRRORS (REPEALED) 

.1412 MATTRESSES (REPEALED) 

.1413 FIRE EXTINGUISHERS (REPEALED) 

.1414 TRAVEL DISTANCE (REPEALED) 

.1415 TYPE OF EXTINGUISHER (REPEALED) 

.1416 INSPECTION OF EXTINGUISHER 

(REPEALED) 
.1417 MAINTENANCE OF EXTINGUISHERS 

(REPEALED) 
.1418 FIRE ESCAPES (REPEALED) 
.1419 SMOKE DETECTORS (REPEALED) 

Statutory Authority G.S. I53A-220; 153A-22I. 

SECTION .1500 - SUPERVISION 

.1501 PERSONNEL (REPEALED) 

.1502 POLICIES (REPEALED) 

.1503 MATRON (REPEALED) 

.1504 JUVENILES (REPEALED) 

.1505 SEPARATION OF SEXES (REPEALED) 

.1506 FIRE PROGRAM (REPEALED) 

.1507 DISEASE (REPEALED) 

Statutory Authority G.S. I53A-220; I53A-22I; 
/ 53 A- 22/./; / 53 A- 224; / 53 A- 228. 

SECTION .1600 - SANITATION AND 
PERSONAL HYGIENE 

.1601 BEDDING (REPEALED) 
.1602 SHAVING (REPEALED) 
.1603 TOWELS AND SOAP (REPEALED) 



Statutory Authority G.S. 
1 53 A- 226. 



I53A-220; /53A-221; 



SECTION .1700 - FOOD 

.1701 NUMBER OF MEALS (REPEALED) 

.1702 DIET (REPEALED) 

.1703 FOOD RECORDS (REPEALED) 

.1704 FOOD SANITATION (REPEALED) 

Statutory Authority G.S. /53A-22/. 

SECTION .1800 - MEDICAL CARE OF 
PRISONERS 



.1801 MEDICAL PLAN (REPEALED) 



Statutory Authority G.S. 

/53A-225(a). 



/53A-22/; 



SECTION .2100 - REPORTS 

.2101 MONTHLY REPORT OF LOCAL 

CONFINEMENT FACILITIES 

(REPEALED) 
.2102 MUNICIPAL CONFINEMENT FACILITY 

MONTHLY REPORT (REPEALED) 



667 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. I53A-220; I53A-22I. 

SECTION .2200 - SPECIAL REQUIREMENTS 
FOR HOLDOVER FACILITIES 

.2201 HOLDOVER FACILITY (REPEALED) 
.2202 PLACEMENT OF JUVENILES 

(REPEALED) 
.2203 SUPERVISION AND CONTACT 

(REPEALED) 
.2204 DETENTION AUTHORIZATION 

(REPEALED) 
.2205 MATERIALS TO BE PROVIDED 

(REPEALED) 
.2206 CONSTRUCTION (REPEALED) 

Statutory Authority G.S. 153A-220; J53A-22J; 
I53A-22I.I. 

SECTION .2300 - ENFORCEMENT OF 
MINIMUM STANDARDS 

.2301 INSPECTIONS 

All local confinement facilities shall be 
visited and inspected at least semiannually but 
may be inspected more frequently if deter- 
mined necessary by the department or required 
by an agreement of correction entered into be- 
tween the department and the governing body 
and other local officials responsible for a facil- 
ity. 

Statutory Authoritv G.S. I43B- I53(3)d.: 
J53A-222. 

.2302 REPORT OF INSPECTION 

After each local confmement facility is in- 
spected, the inspector shall complete the Local 
Confinement Facility Semiannual Inspection 
Report, DFS-7923, as revised (hereinafter re- 
ferred to as "Report"). Upon completion of 
a Report in which there are findings of non- 
compliance with 10 NCAC 3J .3000, .3100, 
.3200, .3300, .3400, .3500, or subsections 
thereof, or G.S. 153A-224 or receipt of a report 
required by G.S. 153A-226 fmding that a fa- 
cility or its kitchen or other place for preparing 
food is disapproved for public health purposes, 
the procedures contained in 10 NCAC 3J 
.2303 - .2307 will control. In all other cases, 
the procedures contained in G.S. 153A-222 
will control. 

Statutory Authority G.S. I43B-I53(3)d.; 
I53A-222: ! 53 A- 223. 

.2303 FINDINGS OF NON-COMPLIANCE 
PURSUANT TO G.S. l53,\-226 
If a finding is made, pursuant to G.S. 
153A-226, that a facility or its kitchen or other 



place for preparing food is disapproved for 
public health purposes, the provisions set out 
in 10 NCAC 3J .2306 or .2307 will control. 

Statutory Authority G.S. l43B-IS3(3)d.; 
I53A-223; 1 53 A- 226. 

.2304 CONDITIONS OF PERSONS CONFINED 
IN THE FACILITY 

(a) Upon completion of the Report, if 
there are fmdings of noncompliance with 10 
NCAC 3J .3000, .3100, .3200, .3300, .3400, 
.3500, or subsections thereof, or G.S. 
153A-224, the Report shall, within ten days of 
completion, be forwarded to the secretary, or 
his disignee, together with a written description 
of the conditions giving rise to the fmding(s) 
of noncompliance and a preliminary determi- 
nation as to whether the conditions, as re- 
flected in the findings of noncompliance with 
respect to the rules and statutes set forth 
herein, jeopardize the safe custody, safety, 
health or welfare of the persons confined in the 
facility. 

(b) Notwithstanding (a) in this Rule, the 
Report will be forwarded to the governing 
body and other local officials responsible for 
the facility within the time set forth in G.S. 
153A-222 with a notation as foUows: "The 
facility has been found in noncompliance with 
one or more of the rules enumerated in 10 
NCAC 3J .2304 and noted in the attached 
Local Confmement Facility Semiarmual In- 
spection Report. The enclosed report and 
other information has been forwarded to (sec- 
retary or his designee) on (Date), for fmal de- 
termination pursuant to 10 NCAC 3J .2304, 
as to whether the conditions which exist at 
your facility jeopardize the safe custody, safety, 
health or welfare of the persons confmed 
therein. The fmal determination will be made 
within 30 days of the above date and same will 
be sent to you together with any action re- 
quired pursuant to 10 NCAC 3J .2305 - 
.2307." 

(c) Within 30 days of receipt of the Re- 
port, the written description and preliminary 
determination, the secretary, or his designee, 
shall review same and make the fmal determi- 
nation. Without excluding noncompliance 
with other rules and statutes set forth in 10 
NCAC 3J .2302, noncomphance with the fol- 
lowing provisions shall be deemed to be a 
condition or conditions which jeopardize the 
safe custody, safety, health or welfare of the 
persons confmed in the facility: 



NORTH CAROLINA REGISTER 



668 



PROPOSED RULES 



(1) Failure to have mattresses which com- 
ply with the flame retardant require- 
ments of 10 NCAC 3J .3104(a); 

(2) Failure to provide or maintain fire 
extinguishers in compliance with 10 
NCAC 3J .3102; 

(3) Failure to provide the required number 
or ways of fire escapes in compliance 
with 10 NCAC 3J .3101(a); 

(4) Failure to provide or maintain smoke 
detectors as required by the N.C. State 
Building Code incorporated by refer- 
ence m 10 NCAC 3J .2602(b); 

(5) Failure to pro%'ide for the separation 
of juveniles and females in compliance 
with 10 NCAC 3J .3001 and .3003; 

(6) Failure to have an emergency evacu- 
ation plan, or failure to have a posted 
master fire plan, in compliance with 10 

■ NCAC 3J .3103; 

(7) Failure to conduct quarterly fire drills 
in compliance with 10 NCAC 3J .3103; 

(8) Failure to have the local fire depart- 
ment conduct a yearly fire-prevention 
inspection of the facilitv, in compliance 
with 10 NCAC 3J .3102(f); 

(9) Failure to segregate inmates with con- 
tagious or infectious disease from the 
general prisoner population, in compli- 
ance with 10 NCAC 3J .3501(bj(14); 
or 

(10) Failure to have a medical plan in 
compliance with 10 NCAC 3J .3501. 
(d) If the fmal determination is that con- 
ditions in the facility do not jeopardize the safe 
custody, safety, health or welfare of the per- 
sons confmed in the facility, the Report will 
be submitted to the governing body and other 
local officials responsible for the facility pur- 
suant to G.S. 153A-222. 

Statutory^ Authority G.S. I43B-I53(3}d.: 
I53A-222: I53A-223. 

.2305 CONDITIONS JEOPARDIZE/SAFE 

CLSTODV/SAF ETY/HEAi-TH/WELFARE 

If there is a fmal detennination that the 
conditions in the facility jeopardize the safe 
custody, safety, health or welfare of the per- 
sons confmed in the facility, the sccretar>', or 
his designee, shall, within 15 days of the fmal 
determination herein, either: 

(1) give notice of intent to order corrective 
action; 

(2) give notice of intent to order facility 
closed; 

(3) order corrective action; or 

(4) order the facility closed. 



Statutory Authority G.S. 143B-I53(3)d.; 
J 53 A- 223. 

.2306 NOTICE OF INTENT TO ORDER 
CORRECTIVE ACTION/FACILITY 
CLOSED 

(a) The secretary, or his designee, may, 
prior to ordering corrective action or closure 
of the facility, give notice of intent to order 
corrective action or notice of intent to order 
the facility closed. The notice of intent shall 
state the department's specific intent and direct 
the governing body to enter into an agreement 
of correction with the department within 30 
days after receipt of the notice. 

(b) The agreement of correction will 
among other matters, set forth the areas of 
noncompliance, the manner in which the areas 
of non-compliance will be cured, the governing 
body's intention to correct the areas of non- 
compliance, a specific period of days within 
which the facility will be brought into compli- 
ance, said pveriod of days shall be reasonable in 
number based on the amount of work required 
to make corrections, and a schedule of in- 
spections to monitor the facihty's progress. 
Should the time period expire prior to the 
complete compliance, and the facility is mak- 
ing good faith efforts to affect compliance, the 
agreement of correction may be extended once 
for a period not to exceed 60 days. If the fa- 
cility is not brought into compliance within the 
time period set forth above, the Secretary, or 
his designee, shall order corrective action or 
order the facility closed. 

Statutory Authority G.S. I43B-I53(3)d.; 
153.A-223. 

.2307 ORDER OF CORRECTIVE ACTION AND 
ORDER OF CLOSLRE 

If the secretary, or his designee, deter- 
mines that notice of intent to order corrective 
action or notice of intent to order the facility 
closed is not appropriate with respect to the 
facility, the secretary', or his designee, shall is- 
sue an order of corrective action or order the 
facility closed. Notice of the order of correc- 
tive action or notice of order to close the fa- 
cilitv shall be given as provided for in G.S. 
15.3A-223(1). 

Statutorv Authority G.S. I43B-I53(3)d.; 
/ 53 A- 223. 

.2308 DESIGNATION BY SECRETARY 

The secretary may designate a person to 
act for him with respect to this section in 



669 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



whole or m part. The secretary's designation 
shall be in writing and shall be on file at the 
Jail and Detention Branch, Licensure Section, 
Division of Facility Services, Department of 
Human Resources, 701 Barbour Drive, 
Raleigh, North Carolina 27603. 

Statutory Authority G.S. I43B-I0(a); 
I43B-153(3)d.; 150B-22. 

SECTION .2400 - DEFINITIONS 

.2401 DEFINITIONS 

The following defmitions shall apply in 
10 NCAC 3J: 

(1) "Activity space" means any space other 
than a day room which is designated for 
irmiate activities such as recreation, study 
or work. 

(2) "Cell" means any room in a locaJ con- 
fmement facility that is designed to 
incarcerate one or more inmates. 

(3) "County jail" is a local confmement fa- 
cUity designated for the confinement of 
inmates for varying periods of time in- 
cluding inmates awaiting adjudication, 
serving short term sentences or serving 
sentences on work release. The facility is 
authorized, maintained, and administered 
by officials at the county level. 

(4) "County jail annex" (satellite jail) means 
a minimum secure local confinement fa- 
cility designated for the confmement of 
convicted persons sentenced for varying 
periods of time; short term sentences, 
weekend sentences (DWI-shoplifting), 
and specific work release sentences. This 
facility is authorized, maintained, and ad- 
ministered by officials at the county level. 

(5) "Custodial employee" means any person 
employed or appointed by a county, mu- 
nicipal or regional local confmement au- 
thority or official whose primary 
responsibility is the supervision, pro- 
tection, care, custody and control of in- 
mates. 

(6) "Day room" means that area of a local 
confinement facility which is used for 
general purposes of inmates such as letter 
writing or television viewing and is gener- 
ally adjacent to the cell area. 

(7) "Delinquent juvenile" means a person 
less than 16 years of age who has com- 
mitted a criminal offense under State law 
or under an ordinance of local govern- 
ment, including violation of the motor 
vehicle laws. 



(8) "Department" means the Department 
of Human Resources of the State of 
North Carolina. 

(9) "Division" means the Division of Facil- 
ity Services of the Department of Human 
Resources. 

(10) "Dormitory" means any room in a local 
confmement facility that is designed to 
confine more than two inmates and con- 
tains day room space in addition to 
sleeping space. 

(11) "Holding cell" means any cell used to 
hold irmiates for up to six hours awaiting 
booking, interrogation or court appear- 
ances. 

(12) "Inmate" means a person who is legally 
confmed in a local confinement facility. 

(13) "Isolation cell" means a single occu- 
pancy cell used for the removal of an in- 
mate from the general population. 

(14) "Juvenile" means any person who has 
not reached his 18th birthday and is not 
married, emancipated, or a member of the 
armed services of the United States. Ex- 
ception is made to this for those persons 
classified as delinquent juveniles or undis- 
ciplined juveniles as defmed in G.S. 
7A-517. [Refer to Paragraphs (7) and (c).] 

(15) "Local confinement facility" means a 
county jail, municipal jail, jail annex, local 
lockup or regional or district jaU. 

(16) "Local lockup" is a facility designated 
for the confinement of inmates not to ex- 
ceed six hours pending release or transfer. 
This type of facility is authorized, main- 
tained and administered by officials at the 
municipal level. 

(17) "Maximum security facility" means a 
local confinement facility, or a portion 
thereof, designed to house inmates that 
are determined by a classification process 
to pose a threat to the custody, security, 
or welfare of themselves or others. 

(18) "Medium security facility" means a lo- 
cal confinement facility, or a portion 
thereof, designed to hold inmates confined 
for such crimes as voluntary 
manslaughter, arson, abduction of chil- 
dren, forgery, card theft and fraud (Class 
E-J type crimes); persons with no history 
of escape from armed supervision; persons 
with no history of seriously assaultive be- 
havior; and persons with no history of 
more serious offenses. 

(19) "Minimum secutiry facility" means a 
local confinement facility, or a portion 
thereof, designed to hold inmates in a 
donnitory or barracks type setting or 



NORTH CAROLINA REGISTER 



670 



PROPOSED RULES 



other appropriate setting when such in- 
mates do not pose a threat to the custody, 
security, or welfare of others as deter- 
mined by a classification process. A jail 
annex is an example of a minimum secure 
facility. 

(20) "Multiple occupancy ceU" means a cell 
that contains sleeping space for two or 
more inmates with a partition between the 
cell and day room space. 

(21) ".Multipurpose space" means any space 
which is designated for the use of inmates 
for a combination of programs, activities, 
dining, e.xercise or training. 

(22) "Municipal jail" is a local confmement 
facility designated for the confmement of 
inmates for a period not to exceed 24 
hours pending release or transfer. The 
facility is authorized, maintained and ad- 
ministered by officials at the municipal 
level. 

(23) "Regional or district jail" is a facility 
designated for the same purpose as a 
county jail except authorization, mainte- 
nance and administration is under the 
control of a governing body composed of 
authorized representatives of the partic- 
ipating counties. 

(24) "Sally port" means any entry area for 
vehicles where one gate must be closed 
prior to the opening of the other gate. 

(25) "Security vestibule" means any entry 
into a confmement area for personnel 
where one security door must be closed 
prior to another security door being 
opened. 

(26) "Single occupancy cell" means a cell 
that contains sleeping space for one in- 
mate. 

(a) "terminology" because of current 
changes from the traditional in termi- 
nology associated with the confmement 
setting, the following explanation of a 
limited number of terms is included: 
(i) Terminology used in these stand- 
ards is the same as traditional or ap- 
proximate synonym. 

(ii) "Single sleeping room" is the same 
as "single cell." 
(iii) "Multiple sleeping room" is the 
same as "multiple (four-man) cell." 

(iv) "Isolation room" is the same as 
"solitary' ceU." 

(v) "Dayroom" is the same as "cell 
run-around." 

(\i) "Confmement unit" is the same as 
"cell-block." 



(vii) "Holding area" is the same as "buU 

pen." 
(viii) "Sally port" is the same as "yard 
gate" (for vehicles). 

(b) "Trusty" is an irmiate in minimum 
custody status who performs work or services 
in and about the local confmement facility. 

(c) "Undisciplined juvenile" means a 
person less than 16 years of age who is unlaw- 
fully absent from school; or who is regularly 
disobedient to his parent, guardian or custo- 
dian, and beyond their disciplinary control; or 
who is regularly found in places where it is 
unlawful for a juvenile to be; or who has run 
away from home. 

(d) "Work Station" is a designated area 
in the jail that serves as a focal point for a jails 
officer or staff member. It may be a desk, a 
work counter or simply a chair at a designated 
location. 

Statutory Authority G.S. J53A-22I. 

SECTION .2500 - OPERATIONS PROGRAM 

.2501 REQUIREMENT FOR OPERATIONS 
PROGRAM 

Within 12 months of the effective date of 
this rule, the local authority, generally the 
sheriff, having jurisdiction over the local con- 
fmement facility shall develop or have devel- 
oped an operations program or plan which 
shall describe, in writing, how the jail will be 
operated. This plan shall be called a Standard 
Operating Procedure Manual for the facility. 

Statutory Authority G.S. I53A-22I. 

.2502 APPLICABILITY OF STANDARDS 

10 NCAC 3J .2300 - .3702 apply to all 
local confmement facilities except SateUite 
Jail/Work Release Units that are designed, 
staffed and used for the housing of 
misdemeanants participating in a work release 
program. If an existing facility is unable to 
comply with these standards due to the facili- 
ty's age, construction or equipment, the local 
confmement authority may apply for a waiver 
of such standards. A waiver may be granted 
by the department provided the conditions for 
which waivers are requested are determined 
not to be hazardous to the health or safety of 
inmates or staff. 

Statutory Authority G.S. I53A-221. 

.2503 WAIVER 

yVn application for waiver may be sub- 
mitted in letter form and shall address all defi- 



671 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



ciencies cited which relate to jail standards. A 
plan of correction shall be included with each 
apphcation outlining actions planned to cor- 
rect each deficiency and the projected dates for 
completion of such actions. For a plan of 
correction to be acceptable corrective actions 
shall be initiated and progress shown within a 
reasonable period of time, normally one - two 
years. 

Statutory Authority G.S. I53A-22I. 

.2504 ENFORCEMENT 

In the event non-compliance with a 
standard(s) is determined by the department to 
be hazardous to the health or safety of inmates 
or staff, the provisions of Section .2300 of 
these Rules shall apply. 

Statutory Authority G.S. I53A-22I. 

.2505 CONTENTS OF OPERATIONS 
PROGRAM 

The operations program must cover the 
following subject areas at a minimum: 

(1) transportation of inmates to and from 
the facility; 

(2) loading and unloading of inmates; 

(3) staffmg; 

(4) inmate observation; 

(5) inmate movement within the facility; 

(6) search methods; 

(7) food service; 

(8) alarm systems; 

(9) detention equipment type and controls; 

(10) levels of confinement - maximum, me- 
dium, minimum, over 24 hours, 6 hours, 
or 24 hours; 

(11) evacuation and fire plans; 

(12) inmate classification plans; 

(13) medical care, including mental health 
care if needed; 

(14) personnel employment and training; 

(15) sanitation; 

(16) recreation areas and plan; 

(17) access to legal assistance or legal mate- 
rials; 

(18) grievance procedures; 

(19) visitation policy; 

(20) religious activities; 

(21) administration and management of the 
jail (operations program could go here); 

(22) operational procedures for inmates and 
jail staff; 

(23) program services available at the jail 
(work release, community service)— 
community based programs. 



Statutory Authority G.S. I53A-22I. 

.2506 GUIDE FOR PROGRAM DEVELOPMENT 

The Model Policies and Procedures 
Manual for North Carolina Jails shall be used 
as a guide in developing this operations pro- 
gram. 



Statutory Authority G.S. 
I50B-I4 (c); I53A-22I. 



I50B-14 (a) (I); 



.2507 APPROVAL OF PROGRAM 

Prior to implementation of the opera- 
tional program, the local confinement author- 
ity, generally the sheriff, shall submit the 
program to the division for review and ap- 
proval. Following notification by the depart- 
ment of approval, a copy of the program, 
signed by the local confinement authority shall 
be sent to the department for its files. 

Statutory Authority G.S. I53A-22I. 

.2508 REVIEW OF PROGRAM 

The approved program shall be reviewed 
no less than once each year by the local con- 
finement authority, and necessary changes 
made. Alterations or revisions must be sub- 
mitted to the division for approval and a copy 
of the revised program shall be sent to the di- 
vision for its files. 

Statutory Authority G.S. I53A-22I. 

SECTION .2600 - FACILITY PLANNING 

.2601 BUILDING PROGRAM 

Prior to development of schematic 
drawings and specifications, the local planning 
authority, generally the County Commission- 
ers, shall develop a written buOding program 
describing the facihty to be built. The building 
program shall include the name, size and 
function of each department or unit and how 
it relates to other units or departments. The 
building program shadl be designed to imple- 
ment the approved operations program re- 
quired under Section .2500 of these standards 
and to comply with all applicable standards in 
this Subchapter. The building program shall 
be submitted to the division for review and 
approval by the department. Upon approval 
by the department, the building program shall 
be signed by the sheriff and the county man- 
ager or chairman of commissioners and a copy 
sent to the division for its files. 

Statutory Authority G.S. 153A-22I. 



NORTH CAROLINA REGISTER 



672 



PROPOSED RULES 



.2602 PLAN DEVELOPMENT 

(a) Before beginning construction and 
after approval of the building program, the lo- 
cal confinement authority shall submit copies 
of drawings and specifications to the depart- 
ment for review and approval in the following 
sequence: 

(1) three sets of schematic drawings and 
outline specifications; 

(2) three sets of preliminary working 
drawings or design development 
drawings and outlme specifications; 

(3) three sets of completed fmal working 
drawings and specifications. 

(b) Each stage of submittal shall be re- 
viewed by the department for compliance with 
the N.C. State Building Code and for compli- 
ance with North Carolina Minimum Standards 
for the Operation and Construction of Local 
Confinement Facilities. This is to insure that 
the design and construction meet the intent 
and requirements of the approved operational 
program, approved building program and the 
minimum standards in this Subchapter. 

(c) Upon receipt of the three sets of 
drawings and specifications at each stage of 
development, the division shall send one set to 
the Department of Insurance and one set to 
the Di\ision of Health Services for their review 
and approval. 

Statutory Authority G.S. I53A-22I. 

.2603 SPECIFIC REQUIREMENTS 

The plan shall be prepared so as to com- 
ply with the foUoNS'ing: 

(1) New dietary facilities shall comply with 
Commission for Health Senices Sub- 
chapter 10 NCAC lOA, Section .0100. 
Project designers shall send one copy of 
plans and specifications for new 
construction major modification to the 
local health directors for review and 
endorsement. 

(2) Facilities designed to restrain inmates 
under lock and key within the confines of 
the building shall meet the requirements 
of the North Carolina State Building 
Code for "Institutional Occupancy - Re- 
strained" and appropriate Sections of 
these Rules. 

(3) Facilities designed to house inmates for 
sleeping and to permit unrestrained 
movement at all times within and from 
the buUding to a secured yard enclosure 
shall meet the requirements of the North 
Carolina State Building Code for 
"Institutional-unrestriiincd." 



(4) When a facility is located within a fenced 
compound, yard space must be provided 
at a minimum rate of four square feet per 
inmate and four square feet per employee 
on duty to pro\dde that in the event of 
evacuation of the building no person will 
be closer than 30 feet to any building 
within the compound. 

Statutory Authority G.S. 153A-221. 

.2604 APPLICABILITY 

(a) Preliminary working drawings or fmal 
working drawings submitted to the division 
after the effective date of this rule shall use the 
construction standards adopted in this Sub- 
chapter. Drawings submitted prior to the ef- 
fective date of this Rule shall be governed by 
the Rules in effect at the time of submission. 

(b) The construction standards estab- 
lished in this Subchapter shall apply to all new 
construction, additions to existing facUities and 
major renovations or alterations as defmed by 
the N.C. State Building Code. 

(c) Local conJinement facihties con- 
structed under these standards shall include the 
elements included in this Subchapter in addi- 
tion to those elements included in the ap- 
proved operating program unless specifically 
excluded. 

Statutory Authority G.S. 153A-22I. 

SECTION .2700 - MAXIMUM SECURITY 
FACILITIES OR UNITS 

.2701 SECURITY PERIMETER 

Each facility keeping maximum security 
inmates shall: 

(1) provide for secure confmement of the 
inmate from the time he or she passes 
through the first security perimeters until 
released; 

(2) have a controlled entrance for public or 
other unauthorized persons; 

(3) have a separate entrance for inmates; 

(4) have entrances capable of being con- 
trolled at a central control post and mon- 
itored visually or by closed circuit TV and 
audibly; 

(5) have a temporary' weapons locker or de- 
pository' at each entrance; 

(6) have a security vestibule at each entrance; 

(7) have at least one entrance accessible for 
passage of a stretcher; 

(8) have a system to prevent passage of 
contraband; prevent any unauthorized 
contact between inmates and persons 



675 



NORTH CAROLINA REGISTER 



' 



PROPOSED RULES 



outside the facility; and assure that direct 
contact with perimeter exterior is con- 
trolled by design or physical barrier; 

(9) provide a perimeter exterior that is well 
lighted. 

Statutory Authority G.S. I53A-221. 

.2702 CENTRAL CONTROL 

The central control station shall: 

(1) be strategically located and equipped to 
regulate and monitor traffic flow through- 
out the facility; 

(2) be constructed to prohibit access by 
unauthorized persons, while protecting 
the safety of assigned staff; 

(3) have a security vestibule at entrance; 

(4) have a secure key storage cabinet; 

(5) have a communications Hnk with out- 
side agencies for emergency use; 

(6) have direct voice communication with 
all prisoner-occupied areas; 

(7) have direct voice communication with 
all stalT posts and traffic areas; 

(8) have the capability to monitor the facil- 
ity's emergency systems; 

(9) have the capability to remote unlocking 
of housing areas in an emergency; 

(10) have separate toilet facilities within easy 
access of staff. 

Statutory Authority G.S. I53A-22I. 

.2703 WORK STATIONS/SUPERVISION 

Each facility or unit: 

(1) shall have at least one work station 
manned by an officer of the same sex as 
the inmates, located and designed to ena- 
ble direct voice and visual contact with all 
inmate occupied areas, central control and 
other permanent stations; 

(2) may use video devices to supplement the 
system of surveillance, but not to replace 
the face-to-face observation of each in- 
mate, as outlined in Section .3100. 

Statutory Authority G.S. I53A-22I. 

.2704 RECEPTION/RELEASE AREA 

Each facility shall have a reception/release 
area which shall contain a Booking/ Intake 
station which includes: 

(1) a prisoner entrance providing visual pri- 
vacy from general pubhc and protection 
from the weather; 

(2) a vehicle sallyport; 

(3) direct access to building exterior; 

(4) a booking desk'counter; 



(5) a telephone with capability for local and 
long-distance calls; 

(6) a photograph and fingerprint area; 

(7) a sobriety testing equipment area if facil- 
ity accepts DWIs; 

(8) capability of separating males and fe- 
males, by sight, sound and touch, 

(9) capability for separating violent from 
nonviolent inmates during reception, 
processing and holding and maintaining 
direct view to all areas. 

Statutory Authority G.S. J53A-22I. 

.2705 CONFINEMENT UNIT 

Each maximum security confmement unit 
shall: 

(1) have a security vestibule at its entrance; 

(2) have a minimum of one shower per 12 
inmates, which is observable by staff, and 
that is designed to prevent drainage out- 
side of the shower area; 

(3) have a telephone hookup or other ar- 
rangement provided within that area; 

(4) have a dayroom/activity room for each 
unit of a size to provide a minimum of 
105 total square feet or no less than 35 
square feet per inmate, whichever is 
greater; 

(5) have a dayroom/activity room designed 
to allow a variety of activities to take place 
and have: sufficient seating and tables for 
each inmate in the unit, space for tele- 
vision (optional) with appropriate 
viewing/seating, natural light, artificial 
lighting at 30 footcandles in reading areas 
that may be reduced during sleeping 
hours, visual control by staff to observe 
entire area from point of entrance, and 
direct voice contact with continuously 
staffed work station or central control 
center; 

(6) have single occupancy cells with a mini- 
mum of 60 square feet of floor space, a 
minimum floor dimension of 7 feet, fix- 
tures and furnishings of the security type, 
a toilet, a sink and a drinking fountain, a 
securely mounted bed frame, artfficial 
lighting of 30 footcandles which can be 
reduced during sleeping hours, natural 
light provided by window with exterior 
exposure, direct voice contact with staff 
at a work station or central control center, 
a view panel in cell front that permits ob- 
servation of entire cell and a food pass in 
door; 

(7) have the capability to isolate inmates 
when necessary, either in designated iso- 



NORTH CAROLINA REGISTER 



674 



PROPOSED RULES 



lation cells within the urut or by move- 
ment to cells elsewhere in the facility. 

Statutory Authority G.S. I53A-221. 

.2706 PROGR.AMMING AREAS 

(a) Each facility shall have general 
visitation area with: 

(1) access to the public entrance to the fa- 
cility, with provision for handicapped 
persons; 

(2) an entry located to permit direct ob- 
servation and control by staff; 

(3) an entn,' designed and located to facili- 
tate efhcient use of staff; 

(4) a public waiting area provided with 
toilet facilities, drinking fountain and 
pay telephones; 

(5) storage facilities for visitors' coats and 
packages; 

(6) facilities to insure visitors to remain 
outside secunty perimeter at all times; 

(7) controlled package passage to staff; 

(8) capability to prohibit the passage of 
contraband into the security perimeter; 

(9) indi\idual visiting stations; 

(10) a sufficient number of stations to ac- 
commodate visitation needs; 

(1 1) seating for both prisoner and visitor(s); 

(12) a minimum 2 feet x 2 feet vision panel 
between inmate and visitor; 

(13) telephone communication system or 
equivalent sound link between the in- 
mate and visitor; 

(14) visual contact during conversation be- 
tween prisoner and visitor; 

( 1 5) visiting arrangements that can be visu- 
ally observed. 

(b) Each facihty shall have a confidential 
/'attorney visitation area that; 

(1) is separate and distinct from general 
visitation area; 

(2) permits passage of paper or documents; 

(3) provides seating with table or desk for 
writing for \isitor and inmate; 

(4) pro\'ides artihcial hghting at 30 
footcandles; 

(5) permits contact visiting; 

(6) provides for visual monitoring but not 
heard by staff; 

(7) provides for visitor to contact staff if 
needed. 

(c) Each facility shall have a medical area 
designed: 

(1) to prohibit access by unauthorized per- 
sons; 



(2) to provide locked storage for equipment, 
supplies, medication refrigeration unit, 
and records; 

(3) to provide equipment as approved by 
jail physician including a sink; a toilet; 
a shower; an examining table; a nurse's 
and physician's work station(s); a tele- 
phone and with direct voice contact 
with central control; 

(4) that provides a separate area to house 
sick inmates (particularly those with 
communicable diseases). 

(d) Each local confmement facility must 
have a kitchen or feeding program which 
complies with Commission for Health Services 
Subchapter 10 NCAC lOA, Section .0100, 
governing sanitation. Those rules include 
construction and operation requirements. 

(e) Each facility shall have laundry ser- 
vices on the premises or contracted for. 

(f) Each facility shall have an exercise- 
multipurpose area designed for vigorous phys- 
ical activities/recreation by each prisoner for a 
minimum of 5 hours per week. This space 
may be combined with day room area. The 
exercise area may be either indoors or out- 
doors. In addition, there shall be adequate 
storage areas, a staff obsen'ation post for all 
areas, and staff controlled access to all areas. 

(g) I-ach facility shall make available for 
purchase by inmates such commissary items 
as food snacks, soft drinks, toothpaste, 
deodorant, toothbrushes, etc., either in a des- 
ignated area on premises or through contract 
vending. 

Statutory Authority G.S. I53A-221. 

.2707 JAIL ADMINISTRATION 

Each facility shall have administration fa- 
cilities that provide; 

( 1 ) Adequate space for administrative offices 
accessible to the public while located to 
maintain the integrity of the security per- 
imeter; 

(2) Secretarial support area(s); 

(3) An area for record storage; 

(4) Space for information resources, report 
writing and training materials; 

(5) Space and equipment for the dissem- 
ination of information to staff e.g., mail 
boxes, bulletin boards; 

(6) Space for staff assembly, training, etc. 
when included in the facility's program; 

(7) Offices for program staff when included 
in the facility's program; 

(8) Office space within security perimeter for 
chief jailer. 



675 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. I53A-22I. 

.2708 CONSTRUCTION MATERIALS 

These standards pertain to those facilities 
within the security perimeter or fenced in 
compound which prisoners would use and 
from which inmates may exit to a secure area. 
Traditional building materials may be used 
where security and safety will not be jeopard- 
ized, taking into consideration the type of se- 
curity facility described in the operations 
program submitted by the local authority hav- 
ing jurisdiction and approved by the depart- 
ment. The foUowing specifications shall be 
applicable: 

(1) Ceilings shall be: 

(a) concrete; 

(b) cement plaster on reinforced metal lathe 
securely anchored to walls for approved 
areas; 

(c) non-removable acoustic-tUe or other 
acoustically altered materials in ap- 
proved areas: and 

(d) a minimum height of 8 feet. 

(2) Floors shall be: 

(a) concrete, or; 

(b) terrazzo, or; 

(c) resihcnt tile and; 

(d) sloped or pitched to drains and; 

(e) provided with floor drains that are se- 
cured with tamper-resistant fasteners 
and never located in ceUs. 

(3) Walls shall be: 

(a) concrete block - reinforced with steel 
rods and/or poured concrete or; 

(b) poured reinforced concrete or; 

(c) precast reinforced concrete panels or; 

(d) steel or; 

(e) glazed tile where appropriate. 

(4) Privacy walls when used shall be securely 
mounted to wall and floor, of sufficient 
height to allow for supervision of prison- 
ers, and of materials selected consistent 
with the security level of the area. 

(5) Glazing shall be; 

(a) of sufficient strength to prevent breakage 
and penetration; 

(b) for exterior windows, sufficient to allow 
the admittance of natural light and have 
one maximum dimension of five inches; 

(c) for exterior vvindow(s), a minimum of 
six feet from ground level to sill if exte- 
rior perimeter is accessible to persons 
outside the facility; 

(d) impact-resistant similar to tempered 
glass bonded to polycarbonate in 
multi-layer construction; 



(e) mar-resistant; 

(f) constructed with detention framing se- 
cured with tamper-resistant fasteners; 

(g) in frames securely anchored to wall; 

(h) in the case of view panels in doors or 
cells, of sufficient size and dimension to 
permit observation of entire area and 
have a minimum of 180 square inches 
and be designed and located so as not 
to compromise the strength of the door. 

(6) Finishes shall be: 

(a) nonflammable; 

(b) nontoxic; 

(c) smooth, washable and easily cleanable; 

(d) predominantly light-colored; 

(7) Finishes may vary in program or other 
selected areas when appropriate. 

Statutory Authority G.S. I53A-22I. 

.2709 HARDWARE 

The following requirements shall be met 
with respect to hardware: 

(1) Beds/bunks shall be designed to fit 
standard detention mattress dimensions 
and elevated 18 inches from floor. 

(2) Closed circuit TV, when included in the 
facility's program, shall be securely 
mounted, used to monitor perimeter, 
points of egress, hallways, stairwells, 
sallyports, and common areas, booking 
and recreational areas, located in a man- 
ner which preserves the dignity of the in- 
mates. 

(3) Clothing or towel hooks are not per- 
mitted. 

(4) Doors and hinges shall have: 

(a) all components - lock, frame, hinges, 
handles and fasteners - constructed of 
materials which are compatible with 
one another and designed to inhibit 
their use during an act of attempted su- 
icide; 

(b) construction from materials that are 
adequate to serve the function for 
which the door is intended and main- 
tain the level of security in the area 
where they are located; 

(c) doors in prisoner occupied areas out- 
swinging or sliding; design of pass 
through openings shall give consider- 
ation to size of food trays to insure ad- 
equate opening; 

(d) designs to prevent the operation of one 
door from interfering with that of an- 
other. 

(5) Duct systems, vent louvers, panel doors, 
screens or other devices shall be securely 



NORTH CAROLINA REGISTER 



676 



PROPOSED RULES 



anchored and designed to prevent the es- 
cape of prisoners, the passage of 
contraband, and to inhibit their usage 
during an act of suicide. 

(6) Locking devices shall: 

(a) be adequate to withstand tampering and 
attempted forceful entry or egress while 
being securely mounted to both door 
and frame; 

(b) be provided with a manual override of 
electronic devices; 

(c) have a keying system that enhances the 
security perimeter, that is designed to 
minmiize the possibility of keys carried 
in one security zone being used to pen- 
etrate other security zones, that is as 
simple as possible consistent with secu- 
rity needs, and minimb.es confusion 
during emergency situations. Efforts 
should be made to notch keys or pro- 
vide some other means of identification 
by feel in the event of smoke or loss of 
lights. 

(7) Plumbmg fixtures shall: 

(a) be securely mounted and constructed 
of materials which are sutTiciently dura- 
ble to meet the requirements of the level 
of security in the area where they are 
located; 

(b) be stainless steel fixtures; 

(c) regulate hot water supply for inmate 
lavatories, sinks and shower facilities 
not to exceed 1 16 degrees Fahrenheit; 

(d) have an emergency water shutoff valve 
located outside housing area. 

(8) Safety equipment such as intercom, fire 
extinguishers, smoke detectors, sprinkler 
heads, and breathing apparatus shall be 
designed, mounted and secured to inhibit 
prisoners from tampering with these sys- 
tems. 

(9) Storage shelves shall: 

(a) be securely anchored with tamper- 
resistant fasteners or mounting systems; 

(b) be of materials selected for their dura- 
bility and resistance to vandalism; 

(10) Table and seats shall: 

(a) be constructed of materials that are suf- 
ficiently durable for use in the area in 
which they are located; 

(b) be securely mounted with tamper- 
resistant fasteners and anchoring sys- 
tems. 

(11) When selecting materials and hardware, 
the need to control the noise level 
througliout the facility must be consid- 
ered. 



Statutory Authority G.S. I53A-22I. 

.2710 MECHANICAL SYSTEMS 

Mechanical systems shall: 

(1) Provide heating, ventilation, and air 
conditioning to meet the requirements of 
the North Carolina State Building Code; 

(2) Have master controls for electrical, 
plumbing, heating, and air conditioning 
which are inaccessible to inmates; 

(3) Have auxihary power and emergency 
hghting available; 

(4) Have emergency multiple-release capa- 
bility for cells; 

(5) Be accessible to security elevators con- 
trolled by the staff. 

Statutory Authority G.S. I53A-221. 

.2711 GENERAL 

Other requirements of maximum security 
units are: 

(1) To have the arsenal located outside se- 
curity perimeter, if such is provided; 

(2) To have evidence storage located outside 
the security perimeter, if provided; 

(3) To have vehicle parking located to pre- 
clude unauthorized persons from entering 
the security perimeter; 

(4) To provide, when in close pro.ximity to 
other criminal justice facilities, a secure 
access route to those facilities other than 
that used by the public, judges, jurors, and 
witnesses. 

(5) To comply with all safety standards in 
Section .3100. 

Statutofy Authority G.S. I53A-22I. 

SECTION .2800 - MEDIUM SECURITY 
FACILITIES 

.2801 CLASSIFICXTION 

Jail officials in the exercise of their re- 
sponsibilities for classification of inmates ac- 
cording to security risk and level of supervision 
required may determine that certain inmates 
may be assigned to medium custody. The act 
of assigning inmates to medium security, in it- 
self, provides the jail staff with an increased 
awareness of the security needs and any prec- 
autions that need to be taken in dealing with 
the inniates. 

Statutory Authority G.S. J53A-22J. 

.2802 CONFINEMENT UNIT 

Each medium security confinement unit 
shall have a security vestibule, showers, tele- 



677 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



phone hookup and day room/activity room as 
outlined in Rule .2705. Single occupancy cells 
shall meet the same minimum space and 
equipment standards as in maximum security 
units. Local officials are encouraged to con- 
sider providing some multi-occupancy cells (up 
to four inmates) as a cost-reduction measure 
when plaiming for new construction or major 
renovation/alteration of an existing facihty. In 
addition, the following requirements shall be 
satisfied: 

(1) Cells designed for four iruiiates shall 
provide for a minimum of 50 square feet 
per occupant and a minimum floor di- 
mension of ten feet; security type fixtures 
and furnishings shall be installed. 

(2) Each multi-occupancy cell shall have a 
toilet, sink, drinking fountain, a security 
mounted bed frame and artificial light of 
30 footcandles that can be reduced during 
sleeping hours; natural light shall be pro- 
vided by having windows in exterior walls; 
there shall be voice contact between in- 
mates and the staff post or central control 
center; and, each cell shall have a food 
pass in the door and a view panel in the 
ceU front that permits observation of the 
entire cell. 

Statutory Authority G.S. I53A-22I. 

SECTION .2900 - MINIMUM SECURITY 
UNITS 

.2901 MINIMUM SECURITY UNITS 

Minimum security units may be located 
in the same facility with a maximum or me- 
dium security unit or in a separate facility near 
or remote from a maximum or medium secu- 
rity unit. Minimum security units or facilities 
designed and constructed under these Rules 
shall include the elements listed in this Section 
in addition to those included or implied in the 
approved operating program unless specifically 
excluded in the approved operating program. 

Statutory Authority G.S. I53A-221. 

.2902 CONFINEMENT UNIT 

Each minimum security confmement unit 
shall: 

(1) Include no more than 24 inmates per 
sleeping area; 

(2) Have no less than 50 square feet per in- 
mate devoted to sleeping areas only when 
of the barracks or ward type; 

(3) Have one shower per ten inmates, one 
water closet per six inmates, one sink per 



six inmates and one water fountain per ten 
inmates. Shower and toilet facilities shall 
be designed to provide maximum privacy 
(line of sight), but not so as to interfere 
with the capability of jaU staff to complete 
security rounds; 

(4) Have a telephone hookup or other ar- 
rangement provided within the area; 

(5) Have a dayroom/activity room for each 
unit separate from the sleeping area and 
of a size to provide a minimum of 105 
total square feet or no less than 35 square 
feet per inmate, whichever is greater; 

(6) Have a dayroom/activity room designed 
to allow a variety of activities to take place 
and which has: 

(a) sufficient seating and tables for each in- 
mate in unit; 

(b) natural light; 

(c) artificial lighting at 30 footcandles in 
reading areas that may be reduced dur- 
ing sleeping hours; 

(d) access to toilet, to sink with hot and 
cold water and to drinking fountain; 

(e) visual control by staff to observe entire 
area from point of entrance; 

(f) direct voice contact with continuously 
staffed post and/or central control cen- 
ter. 

(7) Have single occupancy cells when called 
for by the building and construction pro- 
gram with: 

(a) a minimum of 60 square feet of floor 
space; 

(b) a minimum floor dimension of seven 
feet; 

(c) fixtures and furnishings; 

(d) a toilet, sink, and drinking fountain; 

(e) a bed frame; 

(f) artificial lighting of 30 footcandles which 

can be reduced during sleeping hours; 

(g) natural light provided by window with 
exterior exposure; 

(h) direct voice contact with staff post 
and/or central control center. 

Statutory Authority G.S. I53A-22I . 

.2903 PROGRAMMING AREAS 

Each minimum security unit when located 
in a separate facihty from a maximum security 
unit shall have: 
(1) A general visitation area with: 

(a) access to the public entrance to facility; 

(b) an entry located to permit direct obser- 
vation and control by staff; 



NORTH CAROLINA REGISTER 



678 



PROPOSED RULES 



(c) a public waiting area provided with toi- 
let facilities, drinking fountain and pay 
telephones; 

(d) storage facilities for visitors' coats and 
packages; 

(e) controlled package passage to staff; 

(f) capability to prohibit the passage of 
contraband into the security perimeter; 

(g) a sufficient number of stations to ac- 
commodate minimum visitation needs; 

(h) seating for both prisoner and visitors; 
(i) visiting arrangements that can be prop- 
erly supervised by staff; 

(2) WTien a facility is a "work release 
center" only, items (3), (5), (6), and (9) 
of this Rule may be omitted. 

(3) A confidential/attorney visitation area 
that: 

(a) is separate and distinct from general 
visitation area; 

(b) permits passage of papers and docu- 
ments; 

(c) provides seating with table/desk for 
writing for visitor and inmate; 

(d) provides artificial lighting of 30 
footcandles; 

(e) permits contact visiting; 

(t^) provides for visual monitoring but not 

hearing by staff; 
(g) provides for visitor to contact staff if 

needed. 

(4) A medical area designed: 

(a) to prohibit access by unauthorized per- 
sons; 

(b) to have locked storage for equipment, 
supplies, medications, and records; 

(c) for equipment as approved by jail phy- 
sician including a sink; a toilet; a 
shower; and examinmg table; a nurse's 
and physician's work station(s); a tele- 
phone; and direct \oice contact with 
central control; 

(5) A medical area is not required in a fa- 
cility used for "work release" only. 

(6) A food ser\ice that meets the sanitation 
requirements of Commission for Health 
Services Subchapter 10 NCAC lOA, Sec- 
tion .0100, with adequate storage and food 
preparation area. 

(7) A laundry ser\ice on premises or con- 
tracted for; 

(8) Recreation facilities with: 

(a) an area designed for vigorous physical 
acti\'ities, such as basketball, volleyball, 
and similar activities. Scheduled use of 
this area shall be such as to permit a 
minimum of five hours of recreation by 
each inmate per week; 



(b) equipment storage areas; 

(c) staff observation post for all areas; 

(d) access to areas controlled by staff; 

(9) In facilities used only for "work 
realease," recreation facilities are not re- 
quired. 
(10) A commissary through contract services 
or built on premises. 

Statutory Authority G.S. I53A-22I. 

.2904 ADMINISTRATION 

Each minimum security unit located apart 
from the facility housing a miximum security 
unit shall have administration facilities that 
provide: 

( 1 ) Adequate space for administrative offices 
accessible to the public; 

(2) Secretarial support area(s); 

(3) Record storage; 

(4) Space for information resources, report 
writing and training materials; 

(5) Space for staff assembly and training, 
when included in the facility's program; 

(6) Offices for program staff when included 
in the facility's program; 

(7) Office space for chief jailer or shift 
commander. 

Slatutoty Authority G.S. I53A-22I. 

.2905 CONSTRUCTION MATERIALS FOR 
MINIMUM SECURITY UNITS 

These standards pertain to those facilities 
within the security perimter or fenced in com- 
pound which prisoners would use and from 
which inmates may exit to a secure area. 
Traditional building materials may be used 
where security and safety will not be jeopard- 
ized, taking into consideration the type of se- 
curity facility described in the operations 
program submitted by local authority having 
jurisdiction and approved by the department. 

Statutory Authority G.S. 153A-22I. 

.2906 MECHANICAL SYSTEMS 

Mechanical systems shall: 

(1) Provide heating, ventilation, and air 
conditioning to meet the requirements of 
the N.C. State Building Code; 

(2) Have master controls for electrical, 
plumbing, heating, and air conditioning 
which are inaccessible to inmates; 

(3) Have master cutoff control for electric 
and water supplies to each ceO, dormitory' 
or other security unit having such facili- 
ties; 



679 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(4) Have capability of maintaining temper- 
atures in prisoner quarters within 68 de- 
grees Fahrenheit minimum in the heating 
season and 85 degrees Fahrenheit maxi- 
mum during the nonheating season. 

Statutory Authority G.S. I53A-22I. 

.2907 GENERAL 

In addition to the foregoing, the facility 
shall be designed to: 

(1) have access for emergency equipment 
(e.g., fire hose, stretcher) provided at ap- 
propriate entrances; 

(2) have auxiliary power and emergency 
lighting available; 

(3) have vehicle parking located to inhibit 
unauthorized persons from entering the 
security perimeter; 

(4) comply with all safety standards in Sec- 
tion .3100. 

Statutory Authority G.S. 153A-22I. 

SECTION .3000 - CLASSIFICATION 

.3001 FEMALE INMATES 

Female inmates must be housed sepa- 
rately and must also be separated from male 
inmates by sight and normal sound. Sound 
separation must eliminate normal verbal com- 
munication. 

Statutory Authority G.S. I53A-22I. 

.3002 CLASSIFICATION SYSTEM 

Each local confmement facility shall have 
a written procedure for placement of inmates 
in the type quarters that best meet the indi- 
viduals needs and provides reasonable pro- 
tection to the other inmates, the custodial staff 
and the inmate himself within the limitations 
of the physical structure. Guidelines for a 
classification system are available from the di- 
vision. 

Statutory Authority G.S. I53A-22I. 

.3003 CONFINEMENT OF PERSONS UNDER 
18 YEARS OF AGE 

Persons under 18 years of age, when con- 
fined, must be separated from the adult popu- 
lation of the jail. They shaO be in areas under 
close supervision where the juveniles cannot 
converse with, see or be seen by the adult in- 
mates. 

Statutory Authority G.S. I53A-22I. 



SECTION .3100 - SAFETY AND SECURITY 

.3101 EXITS AND KEYS 

The following requirements shall apply to 
exits: 

(1) Each facility shall provide alternative ex- 
its, readily accessible in case of fire and in 
compliance with building codes. 

(2) There will be at least two complete sets 
of facility and emergency exit keys for 
each exit. 

(3) One set of keys not in use shall be stored 
in a safe place but accessible to supervi- 
sory personnel for use in an emergency. 

(4) Emergency exit keys should be main- 
tained on a separate key ring. 

Statutory Authority G.S. I53A-22I. 

.3102 FIRE EXTINGUISHERS 

The following requirements shall be met 
with respect to fire extinguishers: 

( 1 ) There shall be a sufficient number of fire 
extinguishers, approved by the Under- 
writers Laboratories, readUy accessible on 
each floor as outlined in the National Fire 
Prevention Association pamphlet number 
10. 

(2) Maximum distance of travel to a fire 
extinguisher shall not exceed 75 feet for 
Class A., 50 feet for Class B., and 75 feet 
for Class C. extinguishers. 

(3) The type of extinguisher shall be appro- 
priate for the area where mounted, i.e., 
Class ABC for categories of combustibles 
including cellulose products, grease and 
chemicals. 

(4) Fire extinguishers shall be inspected and 
recharged by a qualified person in accord- 
ance with manufacturer's instructions and 
so marked or tagged by date. 

(5) Fire extinguishers shall be maintained in 
a fuUy charged and operable condition 
and kept in their designated places at all 
times when they are not being used. 

(6) Arrangements shall be made with the lo- 
cal fire department to inspect the jail fa- 
cility at least once each year. Staff 
training may be included in this arrange- 
ment. 



Statutory Authority G.S. 
I50B-I4 (c); I53A-22I. 



I50B-I4 (a) (I); 



.3103 FIRE PLAN 

Each facility shall have a written plan for 
evacuation and control of inmates in the event 
of fire. The plan shall include a requirement 



NORTH CAROLINA REGISTER 



680 



PROPOSED RULES 



for training of staff to include, at a minimum, 
quarterly fire drills. Records should be made 
of fire drills and retained in file for future ref- 
erence. 

Statutory Authority G.S. I53A-22I. 

.3104 MAITRKSSES 

I he following requirements shall be met 
with respect to mattresses: 

(1) Mattresses and bedding shall comply 
with Commission for Health Services 
Rules, 10 NCAC IOC, Rules .0312 - .0326 
and G.S. Chapter 130A-273. Beddmg 
shall meet Federal flammability standards. 

(2) linished dimensions of mattresses pro- 
vided inmates of local confmcment facili- 
ties shall be not less than four inches thick 
and shall be of the same length and 
breadth as the jail bunks. 

(3) Mattresses shall have no metallic, plastic 
or other rigid framing component in the 
fmished unit. 

(4) Mattress ticking shall be a durable water 
repellent and flame retardant polwinyl 
chloride sheeting which may include rein- 
forcing fiber in the flexible sheeting, or 
ticking shall be a product of equal strength 
and equal chemical safety properties. The 
ticking shall be sewn to envelope config- 
uration enclosing the core material 
securely without metal or other fasteners. 

(5) Core material shall be all cotton batting 
impregnated with 10 percent boric acid 
solids by weight, or equal fire resistant 
core material with combustible character- 
istics which produce no more human 
hazard than the treated cotton batting in 
areas of high temperatures and heat tluxes, 
untenable gas levels and visibility 
obscuration by smoke when subjected to 
burning tests of full-size mattresses or 
bench-scale tests which subject mattress 
specimens to an average imposed heat flux 
of at least 2.5 w/cm2. 

(6) Suppliers of mattresses shall provide 
permanent identification with year of 
production on the product as evidence of 
meeting these requirements. 

Mattresses must be kept in good repair. 



(7) 
Statutory Authority G.S. I53A-22I. 

SECTION .3200 - ST.4FFING 

.3201 I'KKSONNFX 

(a) Sufficient supen-'isory personnel must 
be on duty so that siglit and sound observation 



may be maintained at any time. An officer 
will observe each inmate at least every 30 
minutes, on an irregular schedule. 

(b) In multi-level facilities supervisory 
persormel must be on each level where inmates 
are confined. 

(c) Sufficient personnel must be on duty 
to ensure that special surveillance can be 
maintained for mentally ill or emotionally dis- 
turbed inmates, inmates identified as suicide 
risks and inmates in isolation. 

(d) Supervisory personnel must remain 
awake during their work shifts. 

(e) Supervisory persomiel shall not be 
assigned other duties which would interfere 
with continuous surveillance of inmates. 

(f) Female jailers must be on duty when 
female inmates are confined. 

(g) Provision shall be made for additional 
personnel in cases of emergency. 

Statutory Authority G.S. I53A-22I. 

.3202 RECORDS 

(a) A job description shall be in writing 
for each category of jail employee listing edu- 
cation, experience and other qualifications re- 
quired and a description of duties and 
responsibilities. 

(b) An individual personnel file shall be 
maintained on each employee which includes 
previous employment history, education, and 
experience. 

Statutory Authority G.S. I53A-22I. 

SECTION .3300 - SANITATION AND 
PERSONAL HYGIENE 

.3301 BEDDING AND FLRNITURE 

With respect to bedding and furniture, the 
following requirements shall be met: 

(1) Clean and adequate bedding, mattresses, 
sheets and blankets wiU be supplied to 
inmates except those inmates not housed 
overnight. Bedding shall be exchanged a 
minimum of twice weekly. 

(2) Fumiture, bunks and mattresses shall be 
kept clean and in good repair. Clean bed 
linen and easily cleanable or washable 
mattress covers shall be provided for each 
occupant and shall be changed as often as 
necessary. Clean linen shall be stored and 
handled through use of suitable bags or 
closed hampers in order to reduce the 
spread of contamination. Suitable room 
shall be provided for the separate storage 
of clean linens from soiled linen. 



6Sl 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. I53A-22I. 

.3302 SHAVING 

Inmates shall be provided necessary safety 
equipment for shaving and a mirror. Razors 
shall not be shared between inmates. 

Statutory Authority G.S. I53A-22I. 

.3303 TOWEL.S AND SOAP 

Inmates shall be provided necessary 
towels and soap for bathing purposes. 

Statutory Authority G.S. I53A-22I. 

.3304 SHOWERS 

Inmates shall be provided access to 
showers a minimum of twice per week. 
Shower areas must be smooth and easily 
cleanable and shall be kept clean. The hot 
water supply shall be adequate for the popu- 
lation served. 

Statutory Authority G.S. I53A-22I. 

.3305 SANIT.\TION 

The Commission for Health Services has 
adopted Rules, as required by G.S. 15.\A-226, 
governing the sanitation of local confmement 
facilities, including the kitchens and the places 
where food may be prepared for prisoners. A 
copy of the rules may be obtained from the 
Department of Human Resources, Division of 
Heahh Services, Sanitation Branch, P.O. Box 
2091, Raleigh, N.C. 27601-2091. 

Statutofy Authority G.S. 153.4-221. 

.3306 WATER SUPPLY 

The water supply shall be from an ap- 
proved source, shall be adequate and shall be 
of safe, sanitary' quality. Reference: Commis- 
sion for Health Services Subchapter 10 NCAC 
lOA, Governing the Protection of Private Wa- 
ter Supplies, Section .1700 and Commission 
for Health Services Subchapter 10 NCAC 
lOD. Governing Public Water Supplies, 
Sections .0600 - .2600. 

Statutory Authority G.S. I53A-22I. 

.3307 LIQL ID WASTES 

All sewage and liquid wastes shall be dis- 
posed of in a public sewer system or other 
sanitary- disposal method approved by the local 
health director. Reference; Commission for 
Health Ser\-ices Subchapter 10 NCAC lOA, for 



Sanitary Sewage Collection, Treatment and 
Disposal, Section .1900. 

Statutory Authority G.S. I53A-22I. 

SECTION .3400 - FOOD 

.3401 NUMBER OF MEALS 

The following requirements concerning 
meals shall be met: 

(1) Three meals shall be served daily. No 
more than 14 hours shall elapse between 
the evening meal and breakfast of the fol- 
lowing day. The specific meal times shall 
be included in the written policies and 
procedures of the confmement facihty. In 
facilities where inmates are confmed for 
24 hours or less, meal times shall be 
posted where the inmates can readily see 
them. 

(2) A daily record shall be kept of the num- 
ber of irmiates, staff, and outsiders who 
are ser\'ed at each meal. This census shall 
indicate the specific numbers of meals 
served to each of these groups. In addi- 
tion, the number and specific kind of 
therapeutic diets served at each meal shall 
be recorded. 

Statutory Authority G.S. I53A-221. 

.3402 DIET 

The following requirements shall be met 
with respect to diet: 
(1) Meals shall meet the nutritional needs of 
the inmates according to the recom- 
mended daily allowances of the National 
Research Council, National Academy of 
Sciences. A copy of the current edition 
of the North Carolina Dietetic Associ- 
ation Diet Manual shall be available in the 
jail for use in food service. Daily menus 
shall include the following: 
(a) Homogenized Milk, low fat milk, or 
buttermilk: One cup (eight ounces) 
shall be offered to each inmate at least 
twice a day and served to them if they 
accept. Four cups (eight ounces each) 
shall be offered daily to teenagers and 
pregnant women. Although dr>' milk 
and evaporated milk can be used in 
cooking, neither should be used for 
drinking. 

Fruit: Two servings. Included a good 
source of vitamin C daily, 
ange juice, one orange, 



(b) 



Vi cup or- 



grapefruit juice, 
tomato juice. 



■/; 



'/z 



cup 



grapefruit, one cup 
one tomato, or Vi 



NORTH CAROLINA REGISTER 



6S2 



PROPOSED RULES 



cantaloup equal one scning. Include 
an additional serving of one fresh fruit, 
'.'2 cup canned fruit, or % cup dncd 
fruit. 

(c) Vegetables: Two servings of Vz cup 
each, hiclude a good source of vitamin 
A three times a week. One-half cup of 
spinach, collards, turnips, mustard or 
kale greens, broccoli, carrots, pumpkin, 
sweet potatoes or winter squash equal 
one scr\'ing. 

(d) Fats: Include oil or margarine and 
butter in moderation. 

(e) Protein: At least two ounces of cooked 
meat must be ser\'ed at both the noon 
and evening meal. A meat substitute 
equal to two ounces of cooked meat 
may be scr\ed three times a week but 
not more than once a day. 

Notes: 

".Meat" - lean meat, fish or poultn.' (bacon 

is considered a fat mstead of a meat). 

"Meat Substitutes" - each amount listed 

equals 2 ounces of meat: 
(i) 2 eggs; 
(ii) 2 ounces sliced cheese; 

(iii) 1 cup cooked dried peas or beans; 
(iv) 4 tablespoons peanut butter or two 
tablespoons peanut butter plus an ad- 
ditional ounce of protein (e.g., 1 egg, 1 
ounce of cheese, or ' 2 cup cooked dried 
beans or peas; 

(v) combination of the abo\e (e.g., 1 
chicken leg plus '2 cup blackeyed peas); 
(\i) 2 ounces of soy protein; or 

(\'ii) ' 2 cup cottage cheese. 

(f) Cereals mid Breads: At least four 
servings, whole grain or enriched, such 
as oatmeal, enriched rice, enriched 
macaroni and noodles, com meal, en- 
riched prepared cereals, or bread. Ex- 
amples of one ser\'ing of bread are one 
sUce, one biscuit, one roll, and one 
square of com bread. One serving of 
cereal equals '2 cup cooked cereal or 
^'j cup dr\' cereal. One serving of rice, 
macaroni or noodles equals '2 cup. 

(2) The same menu shall not be ser\'ed at 
lunch and dinner on a given day. 

(3) I'he c\enmg meal shall consist of more 
than just a sandwich and beverage. The 
e\ening meal shall pro\ide at least one- 
third of the day's total calories: (e.g., 
caimed soup, saltmes. cheese sandwich, 
fmit, milk). 

(4) I'o meet the energ\ needs of the majority 
of inmates, the dailv menu shall include 



at least 2,200 calories for males and 2,000 
for females. 
(5) Therapeutic diets shall be ser\'ed as or- 
dered: 

(a) If an inmate needs a therapeutic diet, 
(for e.xample, diabetic, low sodium, or 
bland) a signed order from the inmate's 
personal physician or the facility physi- 
cian shall be kept on fde for the length 
of the inmate's confinement. Special 
diet orders must be calorie or gram 
specific. 

(b) Written menus for therapeutic diets 
shall be planned and/ or revievs'ed by a 
registered dietitian. 

(c) If evening or between meal snacks are 
ordered as part of the therapeutic diets 
(e.g. diabetic or bland diets), these 
snacks shall be served. 

(d) Policies and procedures for ordering, 
planning and sening therapeutic diets 
shall be m writing. 

Statutory Authority G.S. I53A-221. 

.3403 S.VMPLE MENU 

The following sample menu contains ap- 
proximateh' 2.200 calories: 

Breakfast 
4 ounces orange juice 
'. ; cup enriched grits 
1 scrambled egg 
1 buttered toast 
(whole grain) 
Coffee, milk 
Water 

Noon Meal Prepared v\ith Meat Substitute 
1 cup pinto beans 
'2 cup mixed greens 
'''2 cup chilled tomatoes 
SUced onion, if desired 
Combread or com mutTm 
Coffee, tea. milk 
Water 

Evening Meal 
Baked chicken thigh and leg 
''2 cup rice w gra\y 
'2 cup green beans 
1 tbsp. cranbern,' sauce 
1 biscuit 

'2 cup sliced peaches 
Coffee, tea, milk 
Water 



10:00 a.m. 



Snacks - a scn'ing of 

cranberPv', prune, or 



6S3 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



3:00 p.m. 
After supper 



pineapple juice 
lemonade or other fluids 
milk or juice, 2 graham 
crackers w/peanut butter 



Statutory Authority G.S. I53A-22I. 

.3404 FOOD PREPARATION AND SERVICE 

The following requirements shall be met 
with respect to food preparation and service: 

(1) Sufiicicnt space and equipment shall be 
provided for safe, sanitar>' food prepara- 
tion and/or service. 

(2) The kitchen and storage area shall be 
clean, orderly, and protected from possi- 
ble contamination. 

(3) Food shall be attractively served, sea- 
soned, and at proper temperatures. 

(4) All food shall be placed on individual 
serving trays in the serving area before 
being served to the inmates. Inmates shall 
not have to ask for nulk or juice upon re- 
ceipt of trays. 

(5) Appropriate eating utensils and condi- 
ments shall be provided. 

(6) Wliile being transported, all food items 
shall be covered to prevent contam- 
ination. 

Statutory Authority G.S. I53A-22I. 

.3405 FOOD RECORDS 

Records with respect to food shoU be 
maintained as follows: 

(1) Menus shall be planned in writing with 
portion sizes specified and served as writ- 
ten. 

(2) If substitutions are necessary, written re- 
cords of these substitutions shall be kept. 

(3) Records of dated menus and substi- 
tutions shall be kept for one year. If dif- 
ferent menus are served to staff and/or 
outsiders, records of these menus shall 
also be kept. 

(4) Menus shall be dated and posted one 
week in advance. The use of seasonal, 
three-week cycle menus is suggested. 

(5) Dated invoices or bills shall be kept by 
the month. AH invoices or bills shall state 
the specific food item and the amount 
purchased. 

Statutory Authority G.S. I53A-221. 

.3406 SANITATION 

The following sanitation requirements 
shall be met: 



(1) In those facilities where it is necessary to 
purchase meals from an outside food- 
handling establishment, a contract shall 
be written which insures compliance with 
these standards. 

(2) The outside agency shall provide records 
under Rule .3405 (a), (b), and (c). 

(3) If the outside agency can not provide 
equipment for sanitary meal transporta- 
tion (such as insulated trays), the con- 
finement facility shall provide permanent 
equipment (insulated containers) which 
maintains proper temperature. The 
equipment used and the procedures for 
transporting meals shall be approved by 
the local health director. 

(4) Each food handling establishment shall 
be approved by the local health director. 
Meals shall be served in single service 
eating and drinking utensUs. 

Statutory Authority G.S. I53A-22I. 

.3407 FOOD FROM OLTSIDE 
ESTABLISHMENTS 

With respect to food from outside estab- 
lishments, the following requirements shall be 
met: 

(1) In those facilities where it is necessary to 
purchase meals from an outside food- 
handling establishment, a contract shall 
be written which insures compliance with 
these standards. 

(2) The outside agency shall provide records 
under Rule .3405 (a), (b), and (c). 

(3) If the outside agency can not provide 
equipment for sanitary meal transporta- 
tion (such as insulated trays), the con- 
fmement facihty shall provide permanent 
equipment (insulated containers) which 
maintains proper temperature. The 
equipment used and the procedures for 
transporting meals shall be approved by 
the local health director. 

(4) Each food handling establishment shall 
be approved by the local health director. 
Meals shall be served in single service 
eating and drinking utensils. 

Statutory Authority G.S. I53A-221. 

.3408 STAFFING 

The facility shall provide sufficient per- 
sonnel to meet these minimum standards. 
Trusty inmates may be used to supplement the 
food service staff but shall not be used as the 
sole source of manpower for this service for 
any meaJ. 



NORTH CAROLINA REGISTER 



684 



PROPOSED RULES 



Statuioty Authority G.S. I53A-22I. 

SECTION .3500 - MEDICAL CARE OF 
INMATES 

.3501 MEDICAL PLAN 

A written medical care plan must be de- 
veloped in compliance with G.S. 153-225 and 
available in the working area of the facility for 
ready reference by all jail persormel. This 
written medical care plan must include the 
following: 

( 1 ) A basic description of the health services 
a\'ailable to inmates within the facility, 
from outside resources, and under con- 
tract; 

(2) Policies and procedures in the foUowing 
areas of medical care: 

(a) the handUng of inmates with acute ill- 
nesses: 

(b) admmistration. dispensing and control 
of medications; 

(c) emergency services; 

(d) care of chemically dependent inmates; 

(e) care of pregnant inmates; 
(0 dental care; 

(g) health record format and contents; 

(h) confidentiality of medical records and 
retention schedule; 

(i) health screening of inmates upon ad- 
mission; 

(i) pro\'ision of psychiatric service; 

(k) staff development and training including 
volunteers, correctional staff and inmate 
workers: 

(1) provision of social services: 

(m) medical care of uimates in segregation; 

(n) segregation of inmates with a known 
communicable disease or infection; 

(o) therapeutic diets, as identified in the 
N.C. Dietetic .Association Diet Manual; 

(p) proNision for a periodic medical clinic 
at which qualified medical persormel, 
such as a registered nurse, physician's 
assistant, or medical doctor, will be 
a\'ailable to e\aluate the medical needs 
of detainees. Such clinic shall be pro- 
vided at least once each week; 

(q) provision that a duty officer or other 
responsible person shall determine if 
detainees have been prescribed 
medication, and, if so, for ensuring that 
such medication is made available ac- 
cording to the prescribing physicians' 
orders. 

Statuton- Authority G.S. I53A-22I. 



.3502 REPORT OF DEATH 

With respect to the death of an inmate, 
the foUowing requirements shaO be met: 

(1) Within five days of the death of an in- 
mate, the facility shall complete and file 
the form "Report of Prisoner's Death", 
send an original copy to the local or dis- 
trict health director, and send a second 
copy to: Department of Human Re- 
sources, Division of Facility Sep.'ices, Jail 
and Detention Branch, 701 Barbour 
Drive, Raleigh, North Carolina 27603. 

(2) The form shall include prisoner's name, 
and birth date, race, and sex; the name 
and address of the facility; the place, date, 
and time of death; cause of death 
(natural/suicide) and method of suicide 
(sheet, towel, etc.); name of coroner; 
whether a physician was in attendance; 
and any other information which the di- 
vision may require. 

Statutory Authority G.S. I53A-221. 

SECTION .3600 - TRAINING OF PERSONNEL 

.3601 E.MPLOVEE REQLIREMENTS 

Local governmental officials responsible 
for the administration and supervision of jails 
shall employ only persons with good moral 
character who appear capable of being trained 
m principles of proper care and welfare of in- 
mates confmed in their care and keeping. 

Statutory .Authority G.S. I53A-22I. 

.3602 TRAINING 

.All jail employees must comply with 
training requirements of G.S. 17E and a record 
of satisfactop,' completion of required courses 
must be maintamed in individual personnel 
fdes. 

Statutory Authority G.S. I53A-22I. 

SECTION .3700 - REPORTS 

.3701 MONTHLY REPORT OF LOCAL 
CONFINEMENT FACILITIES 

Monthly reports shall be prepared as fol- 
lows: 
(1) Local confmement facilities shall com- 
plete a monthly report on Porm 
DHR-JDS-1 and send it no later than the 
tenth day of the following month to: 
Department of Human Resources, Divi- 
sion of Facilitv Services, Jails and De- 



6S5 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



tcntion Branch, 701 Barbour Drive, 
Raleigh, North Carolina, 27603. 
(2) The report shall include the name of the 
county; month; name of superintendent; 
name, race, sex, number, and status of 
irmiates; name, race, sex, age, and offense 
of inmates held as mental patients; and 
any other information the division may 
require. 

Statutory Authority G.S. I53A-22I. 

.3702 ANNUAL REF'ORT 

A yearly report shall be submitted to the 
division by the local authority. This report 
shall include yearly totals for commitment of 
male/female by race, number serving sentence, 
number awaiting trial, federal prisoners, mental 
patients, DWI sentences, number of inebriates 
sentenced, and average yearly population fig- 
ures. This report shall be mailed no later than 
the 31st day of January' for the previous calen- 
dar year. 

Statutory Authority G.S. IS3A-22I. 

CHAPTER 24 - SOCIAL SERVICES: GENER,\L 

SLBCHAPTER 24A - GENERAL 

SECTION .0500 - GENERAL POLICIES 

.0504 STANDARDS FOR OFFICE SPACE 
AND FACILITIES 

The purpose of this rule is to establish 
standards for otTicc space, equipment and fa- 
cilities for county departments of social ser- 
vices that will adequately and effectively meet 
program, stalT and client needs. These re- 
quirements are supplementary to, and do not 
replace. Federal Confidentiality of Information 
requirements and any provisions in state, 
county or municipal building codes. 
(a) Ql Identification of Office. All social 
ser\'ices offices, including satellite offices, 
shall be appropriately marked and iden- 
tifiable in the community as a social ser- 
vices agency: 
(4) (a) Each office shall be identified by an 
outside sign clearly visible from the 
road or street. 
f3) (b) If the office is housed within a public 
building occupied by other agencies or 
units of government, the agency shall 
be listed on a standard building direc- 
tory in a manner similar and equal to 
that accorded every other agency, 
(fe) Accoooibility. Social f i or i icon officofi must 
be roanonably accoo ' -iiblo ift relation to Ae 



population diotribution se tbat s e r i 'icoo 

county. 
(«) Physical Plant. Buildings houoing Booial 
s e Plaices agoncios ohall b© c e rtiliod hf 
compotont authority to b» ef sound aR4 
substantial conotruotion aft4 m compli 
aH6e witb tfee otato/looal 6fe afi4 building 
codes: 
f4^ Ad e quate afi4 separate r e stroom faoili 

ties fof mal e aft4 female omployeoo aft4 

clients shall be provided. 

' I ' l 'aiting rooms aft4 furnished with soap, 
towels, aft4 tissue. 
1^ A drinlcing fountain shall be conven 
iently located within t4*e office fef Ae 
comfort ef staff aft4 cli e ntele. 

(2) Requirements for Physical Plant: 

(a) Buildings housing social services agen- 
cies shall be certified by competent au- 
thority to be of sound and substantial 
construction and in compliance with 
the state/local fire and building codes. 

(b) AU buildings for which site clearance 
began before June 3^ 1977, shall meet 
the equal access provisions specified in 
Section 504 of the Rehabilitation Act 
of 1973 as amended. 

(3) Requirements for Space. Adequate office 
space shall be provided for each employee. 
The foUowing guidelines show the ac- 
ceptable minimum range of space which 
will vary due to position function, special 
equipment and furniture needs, fixed ex- 
isting conditions or the availability of 
separate private interviewing rooms. The 
staff category descriptions and recom- 
mended minimum square footages of 
space range are shown below: 

(a) Staff WTio Interview Clients In Their 



Offices 80 






120. 
80- 



Supervisors 80 -_ 120. 
Management 96 - 180. 
Staff Members Not Required to Con- 
duct Interviews In Their Offices 56 - 
96, 
(e) Separate Private Interviewing Rooms - 
Adequate for Function. 
(4^ Requirements fof Office Space fof Staff. 
Bach worker shall be provided with » 
minimum ef 80 square feet^ excluding 
files, reception. a«4 auxiliapy areas: 
(4) Requirements for Privacy: 
(44 (a2 Private offices shall be required for 
the county director and each supervisor. 



NORTH CAROLINA REGISTER 



686 



PROPOSED RULES 



f^ ^ I'nvatc otTices or intcnicwing 
room(s) shall be available to all staff 
who intenicw clients, 
(e) (52 Requirement for Waiting Room and 
Reception Area. The principle location 
of each county department of social ser- 
vices shall be arranged to provide a wait- 
ing room of sutTicicnt size to 
accommodate the optimum numb e r ef 
people availing themselves of its use each 
day. A separate area is required for the 
receptionist. 
{pf (62 Requirement for Conference Room. 
A conference or staff training room with 
seating capacity [j_5 to 20 s^^ ft_ person) 
adequate to accommodate the profcj 
■ - . ional •^iTtff aN'crage number of people 
usually in attendance shall be provided for 
use m meetmgs and training sessions, 
fg)- [22 Requirement for Storage Space and 
Confidentiality of Records. Sufficient 
space shall be pro\ided for con\eniently 
locating files and records, suppUes, and 
forms: 
{+f (a2 I'iles and supplies shall be accessible 
and con\'enient to staff responsible for 
their maintenance, use and protection. 
(-5^ [bi l"il<^s and records shall be adequately 
protected from tire, other damaiie and 
theft. 
(4^ Spac e !i hall be usuiUible f*+f ;. 1onng 
junitonal afni muintunancc i ' UppliL'f i i*H4 
equipment ui . ed » maintaining t4«» 
building *h4 ground ' . . . 

(c) Access to confidential information shall 
be limited to authon/.cd personnel only. 

(d) Space shall be a\ ailable for stonng 
janitonal and maintenance supplies and 
equipment used in maintaining the 
building and grounds. 

fl*) [82 Requirement to Pro\ide Office Space 
for Persons Who Periodically Visit the 
Agency on DSS Related Business. Office 
space shall be pro\ided to persons who 
periodicalh \isit the agency on DSS re- 
lated business. 

fi^ {2i Iquipment. Furnishings and equip- 
ment shall be provided to enable staff to 
adequately perform its duties. 

Auihoiiiv G.S. lOSA-SO; I43B-/53: 45 C.F.R. 
205. /70(a), (b). 

.0505 AinilMSIKAIION AND .\(;i,NCV 
COMI'LIANCK 

(a) l-'ederal and state participation m the 
cost of administration may not be claimed 
when office space, equipment and facilities are 



not in compliance with the standards tfi . tub 
li*ht»4 set forth in Kt NCAC 24A .0504 or 
when the county fails to submit an acceptable 
plan for compliance within 90 days of notifi- 
cation of non-compliance. 

(b) The regional director or his desig- 
nated representative shall inopoct afi4 evaluate 
each county department of social services a* 
l e ast annually periodically, but not less than 
every three years, to determme compliance 
with the established standards, using form 
DSS-1414 for each location. Copior . trf fonn 
DSS bill f i huH be se»t- te- Ae county director, 
chainnan »f A* county commiL i Oiononi aft4 
Docial sen'ic e s boards, afhi the aosistant diroctor 

^^^ \J\Jl * 1L.'V.' Ul^'ll r^iy UTI U.I.'L'I1T| •! itJt^ CtTTTTTTTTT 1 ilC 

evaluation shall be triggered by information 
known to the Regional Office; such as changes 
in program regulations or staffing patterns 
which would aflect ccMTipliance, or complaints 
concerning compliance issues. A county de- 
partment of social services shall be deemed to 
be in compliance until the Regional Director 
determines, after evaluation, that the agency is 
not in compliance. 

fe^ !*■ *fe^ eveftt- pr e sent faciliti e s cannot 
be brought H+te compliance aH4 Ht»w spuco 
must be acquirod, Ae county shall be allowed 
44 months from t4*e 4»te 64' tl+e non 
complianc e notice a^ a nonnal period ©f com 
pliunce: 

(-4^ Construction plans fof ftew faoilitioo 
shall be submitted te aft4 require ap- 
proval from Ae di' . ision diroctor. Plans 
shall include adequate a*H4 structural 
provisions fe* e .xpansion. 
(^ Should t4%e county be unabl e te- comply 
' ■ ' I' ltliin 44 months, a request fof »» e*- 
toiU ' ion may be submitted te 4>e »p- 
propriate regional director. Continuous 
progress tov i 'ard compliance shall be 
demonstrated. 
(^ Wlron renovations Bf- additions te- 
buildings afe required, (4* months from 
t4+e d«te ef tfee non compliance notice 
shuU be considered a normal peiiod ef 
compliance. A reque ' 4 fof e.xtension 
»f time may be mad e t«- the appropriat e 
regional director, Cjontinuous progress 
toward compliance shall be shosi i -n. 
f4f D eficiencies » equipment shall be netf- 
rected within W days from the Atte €4 
t+>e non compliance notice. A request 
fH+ e.\leiv . ion e+ time HWr be mad e to- 
t4*e appropnate regional director. 
Continuous progress toward compli 
a«*^ shall be demonstrated. 



687 



iXORTH CAROLINA REGISTER 



PROPOSED RULES 



(c) At the conclusion of an evaluation, 
the principal reviewer shall meet with the di- 
rector of the county department to discuss the 
findings. I'ollowins this exit conference, the 
principal reviewer shall prepare a written re- 
port and transmit the report to the Regional 
Director. If the findings of the re%'iew indicate 
the county department is in compliance, the 
Regional Director will, within 30 days of the 
date of the evaluation, forward a copy of the 
admmistrative review report to the agency di- 
rector, the local social services board chairman, 
the chairman of the local board of county 
commissioners and the county manager under 
a transmittal letter indicating the agency's 
compliance. If the county department is not 
in compliance, the following steps shall be 
taken within 30 davs of the date of the evalu- 
ation: 

(1) The Regional Director shall send a copy 
of the evaluation report to the county 
director, the local social ser\'ices board 
chairman, the chairman of the local 
board of county commissioners and the 
county manager: 

(A) citing the specific findings of non- 
compliance and what is required to 
come into compliance: 

(B) notif\ing the agency that it has 90 
da\s from the receipt of th£ report to 
come into compliance in these areas or 
to dc\elop and submit to the disision a 
correcti\e action plan. The di\ision is 
responsible for pro\iding consultation 
and technical assistance regarding the 
areas of non-compliance to the local 
agency upon request; and 

(C) notifying the agency that all federal 
and state administrative funds will be 
withheld should the county fail to 
comply or submit an acceptable plan 
for compliance within QO da\s of no- 
tification of non-compliance. 

(2) By the end of the 90 day notice period, 
the county department shall achieve 
compliance or submit a corrective 
action plan to the di\'ision. If the cor- 
rective action plan contains provision 
for construction of new facilities, con- 
struction plans, which will require the 
approval of the division director, must 
also be submitted. 

(3) In the event that the county department 
submits a corrective action plan to the 
division within 90 davs notice period, 
the Regional Director shall review the 
corrective action plan to ensure that it 



compliance, and that the implementa- 
tion of the corrective action plan can 



be expected to bring the agency into 
compliance. If construction plans are 
submitted as part of corrective action, 
the Regional Director will obtain the 
approval of the division director. 
(4) Within 30 days after receipt of the plan, 
the Regional Director shall either ap- 
prove the plan as submitted or indicate 
how the county department can amend 
the corrective action plan in order to 
obtain approval. After a corrective 
action plan has been approved, the Re- 
gional Director shall monitor the agen- 
cy's progress towards compliance 
during the corrective action phase, and 
inform the agency, the local social ser- 
vices board chairman, the chairman of 
the local board of county commission- 
ers and the county manager of its 
findings in writing. If the findings in- 
dicate that the agency is not making 
sufficient progress towards compliance 
in accordance with its corrective action 
plan, the Regional Director shall so 
notify the agency, the local social ser- 
vices board chairman and the chairman 
of the local board of county commis- 



sioners in writing that the agency has 
an additional 60 davs from receipt of 
the notice to achieve compliance. If the 
agency does not achieve compliance or 
make sufficient progress towards com- 
pliance in accordance with its corrective 
action plan within the additional 60 day 
period, withholding shall commence in 
accordance with the procedures set 
forth in Paragraph (cj (5} of this Rule. 
(5) In the event that the county department 
of social services fails to submit a cor- 
rective action plan within the 90-day 
notice period, the division director shall, 
withm 30 days of the above referenced 
notification of county authorities, re- 
commend to the secretary the with- 



addrcsses each specific finding of non- 



holding of all federal and state 
administrative funds. If the secretary 
concurs with the division director's re- 
commendation, the secretary will, 
within 30 days of the division director's 
recommendation, notify the agency di- 
rector, the local social serv'ices board 
chairman, the chairman of the local 
board of county commissioners and the 
county manager of the decision to 
withhold funds. The withholding of 
these funds shall be retroactive to the 



NORTH CAROLINA REGISTER 



6SS 



PROPOSED RULES 



date of the original transmittal letter 
simcd by the Rcgonal Director notify- 
ing the agency of non-compliance and 
shall continue until the requirement for 
a compliance plan is met. If the county 
department appeals the decision u nder 
the procedures outlined in Paragraph 
(d) of this Rule, the action to withhold 
funds will be deferred untU the conclu- 
sion of the hearing and any subsequent 
appeals, 
(d) A county department of social ser- 
yices which is not in compliance and has been 
notified by the secretary' of the decision to 
withhold funds, may appeal. If an appeal is 
desired, the county is required under G.S. 
150B-23(a). as amended by Chapter 878 of the 
1*^87 North Carolina Session La\ys^ to file 



hearing requests for Department of Human 
Resources matters with the Office of Adminis- 
trati\e Hearings. 1 he appeal must be fded 
within 30 da\s of the receipt of the proposed 
action. 



Authoritv G.S. I43B-I53; l50B-23(a); 45 
C.F.R. 205-J7Q(b). 

SECTION .0600 - HEARING POEICY 

.0607 GOOD C.MSE NOT REQUESTING 

HE.\RING/PRES( RIBED TIME ERAMES 

(a) Except in the food stamp program, 
an appeUant shall request a local hearing 
within 60 days from the date of action unless 
he shows good cause. If the appeUant shows 
good cause, he may request the local hearing 
no later than the 90th day from the date of 
action. 

(b) I'xcept in the food stamp program, 
an appellant shall request a state hearing 
within 15 days from the date the local hearing 
decision is mailed unless he shows good cause. 
If the appeUant shows good cause, he may re- 
quest the state hearing no later than the 90th 
day from the date of action. 

(c) Good cause for not requesting a local 
hearing w ithin 60 days from the date of action 
and for not requesting a state hearing within 
15 days from the date the local decision is 
maUed is defined as: 

(1) Failure of the appeUant to receive the 
notification of action to be taken or the 
notilication of the local hearing deci- 
sion; 

(2) Extended hospitalization of the 
appellant or spouse, child or parent of 
tlie appeUant; 



(3) Failure of a representative, acting on the 
appcUant's behalf, to meet the time 
frames; 

(4) Illness which results in the appeUant 
being incompetent or unconscious and 
no representative has been appointed; 

(5) Illness which results in the incapacity 
of the appeUant. 

(d) The appeUant shaU provide evidence 
to substantiate good cause. Evidence may in- 
clude but is not limited to: 

(1) Doctor's statement; 

(2) Hospital bill; 

(3) Written statement from the appeUant's 
representative; 

(4) Written statement of the appeUant or 
other individual knowledgeable about 
the situation. 

Authority G.S. /08A-79; I43B-I53: c. 599, 
I9S7 Session Laws. 

CHAPTER 41 - CHILDREN'S SERVICES 

SLBCHAPTER 41A - IDENTIFYING 

INFORMATION: MANUALS AND FORMS: 

COVERAGE 

.0007 WAIVER OF LICENSING RULES AND 
APPEALS PROCEDURES 

(a) The Department of Human Re- 
sources may allow a variance to a licensing rule 
or rules contained in Chapter 41 to persons 
subject to Ucensure pursuant to G.S. 131D, 
Article lA in accordance with the following 
criteria: 

( 1 ) persons seeking a waiver must submit a 
written request to the department 
showing that another way of meeting a 
rule maintains the health, safety, and 
weU-being of individuals being served 
at or above the level required by the 
rule; 

(2) no variance shaU be aUowed by the de- 
partment to any rule based on a stand- 
ard adopted by the BuUding Code 
CouncU and subject to the general 
supervision and enforcement of the 
Commissioner of Insurance; 

(3) no variance shaU be aUowed by the de- 
partment to any rule governing fire 
safety; 

(4) no variance shaU be aUowed by the de- 
partment to any rule based upon a 
standard adopted by the Health Services 
Commission; 

(5) the variance when aUowed remains in 
effect for the term of the license and 
may be renewed if the department de- 



6S9 



NORTH CAROLINA REGLSTER 



PROPOSED RULES 



termines that the health, safety and 
well-being of individuals being served 
are not threatened, 
(b) The Department of Human Re- 
sources may deny, suspend or revoke a license 
at any time for failure to comply with licensing 
rules adopted pursuant to G.S. 13 ID, Article 
lA or for operating in a manner that threatens 
the health, safety or well-being of individuals 
in the facility. 

(1) Denial, suspension, or revocation of 
licensure by the Department of Human 
Resources shall be affected by mailing 
to the applicant or license holder, by 
certified mail, a notice setting forth the 
particular reasons for such action. Such 
denial, suspension or revocation shall 
become effective 30 days after the mail 
iftg receipt of the notice absence a no- 
tice as specified in [2] of this Rule. 

(/\ J^^t ^^^^^ ^^*^^^^ j^^r^^^^r ^^i ^l^^^ ^^^^^^^^^^^^^ ^^^^^^i ^J^^i 
i* ) nr ui I T I LI 1 1~ I ' i 11/ 1 \\' \ I i\j 1. 1 1 \_T_ 1 1 T L. uuiv i iiv 

applicant ef Liooni f O holder H»y r e qu e st 
a hearing, hf written notice, by CL'rtifiL ' d 
mail, t» Ae Department ef Human 
Resources m ' ■ ' ■ hich ease A« notice ef 
denial, saspension Bf re' . ocation ohall 
be d ee m e d te- be suspended, te addi 
tion, at- aftv time pnor te tbe hearing, 
tl*e Department ef Human Resourcoa 
may rescind the notic e ef d e nial, 8«s- 
ponoion e* revocation upon being sat- 
ififi e d t+tat t4*e reasons fof such action 
hav e been »f vnii be removed. At any 
time prior to the effective date the ap- 
plicant or license holder may petition 
for a determination of his legal rights, 
privileges, or duties. All petitions must 
be in writing and contam a statement 
of the facts prompting the request suf- 
ficient to allow for appropriate process- 
ing by the Department of Human 
Resources. 
(3) WTion Ae Department ©f I luman -Re- 
Gources reoei' i ea a request ft*f a hearing, 
tbe foUov i 'ing procedures wili apply: 
The petition for a hearing shall be filed 
with the Office of .Administrative 



I learings in 
15()B-23 and 26 



accordance with G.S. 



NCAC 3 .0003. In 



accord^ince with G.S. lA-1, Rule 4 (j) 
4j^ the petition shall be ser\'ed on a reg- 
istered agent for service of process for 
the Department of Human Resources. 
A list of registered agents may be ob- 
tained from the Office of Legislative and 
legal Affairs. 



(il 



hold e r, afi4 te other known int e rostod 
parties, which shall provide at- least- W 
^&f% notice ©f tfee hearing. 

/ R \ T^ T-» t\ 1t-> <i «-■ «-\ fT f Vi .-ill 1^^ V* j-*l -^ *-^"f^^— ■-* f » »i-^V-t 
r^TT tTTW Ill-'Lll 111^ PIIUIT \J\J IIURJ U U 1 1.7 1 U OTf^TT 

persons as shall be designated by tbe 
department. ¥be hearing offioor shall 
conduct tke hearing m a faif a»4 if»- 
partial manner, aft4 tfee hearing officor 
ohaU have Ae authority te take ali tes- 
timony m Ae ease afi4 shall thereafter 
prepare proposed fmdingo ©f feet- aR4 a 
rooommondod order ' ■ ' I 'hioh shall be 
prooonted te- tfee department. 

f€) A* tbe hearing, witness e s shail be 
sworn aft4 e vid e nce shall be talton from 
ali persons doouing te present their 
vi e ws. A^ interested persons sbalt bave 
aft opportunity te- e xamin e afi4 cross 
examine witnesses aft4 present other 
pertin e nt evid e nce. 

f©+ Tbe department shall ^ve tbe appli 
eaftt- Bf license hold e r, aft4 oth e r inter 

^^^^^^^j ^^t^^^^^^^^y ^^^^^^^^^^ ^^T TTn^^ ^^C^^^- t^^^^y ^^^^^^^ 

ti» transcript aft4 recommendations ef 
tbe hearing officer wili be consid e red, 

cmrr l'tji vi i i iv/t. w-tj ^ttoct i_'v ctt^ttt ui i v, u. u i 

4-0 days i» advance unless notice is 
waived by ali interested parties. 

f&)- ¥be department shall malce a decision 
at- tbe t««e tbe transcript ami recomm 
e ndations are considered, b«t- Be- addi 
tional evidenc e »f other testimony shall 
be received except fef good caus e 
showing tbe discov e r)' ©f tbe additional 
pertinent C i 'id e nc e . At- such meeting, 
arguments w4U be limited at tbe dis- 
crotion »f tbe department. 

fp) Tbe department shaU confirm tbe 
decision, ift writing, by registered mail, 
te- t4*e applicant ef license hold e r. 

I^G^ Tbe department w4}l »»<- purchase 
transcripts ef tbe ovidonoo ef afty hear 
iftg i&f tbe applicant »f license holder 

U I 14J IT tw* 1 1 i\.'l LI T I V'l VnJX\-'TJ L^UJ ll\^LJ , 14.1 lU LHJ V 1 1 

e xp e ns e must be borne by eaefe party 
fe* bis own copy ef tiie transcript. 
Procedures for the processing of an ap- 
peal of an adverse hccnsing action and 
for the final decision are specified in 
G.S. 150B, /Vrticle 3 and 10 NCAC IB 
.0200. 



fiA^ 4^ department shall seft4 a notice 
ef hearing te tbe applicant ef license 



Statutory Authoritv G.S. 13ID, Article JA; 
I43B-I53: 150B-II; /SOB- 22; I54B-23. 

CHAPTER 47 - STATE/COUNTY SPECIAL 
ASSISTANCE 



NORTH CAROLINA REGISTER 



690 



PROPOSED RULES 



SL'BCHAI'TER 47A - GENERAL PROGRAM 
ADMINISTRATION 

SECTION .0500 - PAYMENT PROCEDURES 

.0502 PAYMENT ALTHORIZATION 

(a) Special assistance shall not be au- 
thorized prior to the month of application. 

(b) If SSI approval is not pending, and 
the worker disposes of an application after the 
month of application, special assistance may 
be authorized as much as two months prior to 
the month of disposition. 

(c) If SSI approval has been pending, 
special assistance may be authorized retroac- 
tive to the month SSI was approved, if the 
applicant was in domiciliary care and had ap- 
plied for special assistance that month. 

(d) If an applicant enters domiciliary' care 
after the first day of the month, he shall be el- 
igible only for a partial payment for that 
month from the date of entr\' to the end of the 
month. The payment shall be computed 
without considering income, disregard, de- 
ductions or exemption. 

(e) If a recipient's level of care is deter- 
mined to not longer be domiciliary' and a bed 
is not rcadih' available under the Medicaid 
Program, special assistance shall continue until 
a bed at_ the appropriate level of care is located. 

Statutory Authority G.S. I43B-I53. 

.0507 LOST: STOLEN AND FORGED CHECKS 

(a) If a recipient reports that an assistance 
check has been lost or stolen before he has 
endorsed it, the county department shall have 
the recipient sign an affidavit that he did not 
receive the check. Within ten days after the 
check is reported lost or stolen, the county 
department shall request a replacement check 
from the state office. Jf the chock has boon 
signod. the f . tato shall &«?ft4 tfes ondorsod chock 
aft4 cignaturo Oimiplor . »f A# rocipiont t» tfee 
Stato Buroau ef Invo ' , . tigation fof handwriting 
analysis. \i the aiialysis indicatos that the 
ohoolc was forged, a roplacomont chock shall 
be issued. U the analysis indicatos that the fe- 
cipiont e ndors e d the chock, a roplacomont 
ohook will Het be issued. 

(1 ) If the check has not been paid, the state 
shall issue a replacement check and is- 
sue a stop payment for the original 
check. 

(2) If the check has been paid, the state 
shall send to the county a photocopy 
ot the endorsed check and a Forgery' 
.■\tlida\'it. The count's' shall compare, 
or shall arrange for comparison bv ex- 



perts in the field of document examina- 
tion, the endorsement to other known 
signatures of the payee. 

(A) If forgery is suspected, the county 
shall submit to the state the completed 
and signed Forgery Affidavit. The state 
shall issue a replacement check. 

(B) After the county makes its analysis 
and a determination is made that the 
payee endorsed and cashed the check. 
it shall notify the state. The state shall 
not issue a replacement check. 

(b) If a recipient reports that an assist- 
ance check has been lost or stolen after he has 
endorsed it the county department will request 
a replacement check of the state office. If the 
check has not been paid by the State Treasurer 
a replacement check will be issued. If the 
check has been paid, a replacement check will 
not be issued. It is the responsibility of the 
recipient to take legal action. 

Statutory Authority G.S. I43B-I53. 

CHAPTER 49 - AFDC 

SUBCHAPTER 498 - ELIGIBILITY 
DETERMINATION 

SECTION .0300 - ELIGIBILITY FACTORS 

.0309 NEED 

(a) The payment standard aft4 the need 
standards ate standard is set by state statute 
and published in the AFDC Eligibihty Manual 
located at 325 North Salisbury Street, Raleigh, 
North Carolina, and each county department 
of social services. 

(b) Special Need Allowances. The spe- 
cial need allowances defined in ( 1). (2) and (3) 
below shall be added to the need standard prior 
to determination of the actual AFDC pay- 
ment. 



9^ iH Special School Needs. 

(4-^ (A) Up to tv i 'olvo hundred doUars 
($1,200) twenty-four hundred dollars 
($2,400) any 12 month penod shall be 
budgeted for special school needs of a 
child applicant/recipient. The ^ ■ ■ ■ ' e lv e 
hundred dollars ($1,200) twenty-four 
hundred dollars ($2.400) shall be used 
by the chent to pay for tuition, book 
fees, equipment, special clothing needs, 
special child care sendees and any spe- 
cial cost excluding transportation. 

{^ (B_[ If a child's physical handicap pre- 
vents him from attending public schools 
the cost of a tutor approved by the ap- 
propriate school authority may be 



691 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



added, but only if such inclusion is 
necessar>' because of the unavailability 
of other educational resources. 
(^ (2) State School for the Deaf. When a 
child attends a state school for the deaf, 
the tuition for the school for a nine 
month period shall be included as 
needed. ft% dollars ($50.00) One 
hundred dollars ($100.00) shall be 
budgeted annually for each 
applicant /recipient in the assistance unit 
who attends a state school for the deaf. 
(3) Special Child Care and Transportation 
Needs - A special need allowance for 
child care and transportation to the 
child care provider for 

applicants/recipients ^ho are teen-age 
parents, age 13 through 19, and enrolled 
in elementary^ or secondary school or in 
a G.F.D. program shall be included as 
needed. 
(A) The amount of the special need for 
child care shall be determined as follows 
bv the level of care the child is receiving^ 
(i) Individual Child Care Arrange- 
ment (!CCA) or bab\sitlin.g - Iwo 
hundred dollars ($200.00) per month, 
(li) j-'amilv Day Care Home - Three 
hundred dollars ($300.00) per "month, 
(iii) ('enter appro\cd to join the pur- 
chase of care program - l-our hun- 



tinue to be included until the next 
redetermination of eligibility. At the 
next redetermination of eligibility, the 



drcd dollars ($400.00) per month. 

(B) The amount of the transportation 
allowance shall be eighty dollars 
($80.00) per month. 

(C) The child care or transportation to 
child care allowance shall not be al- 
lowed when child care is provided by a 
member of the teenage parent's house- 
hold unless the household member 
stopped his job solelv to remain in the 
home and pro\'ide the child care. 

(D) Venfication 

(i) The recipient shall provide written 
verification from the school that the 
parent of the child for whom the 
child care is to be budgeted is en- 
rolled in elementary' or secondary 
school or a G.F:.D. program, 
(ii) The recipient shall provide written 
verification from the provider regard- 
ing the IcNcl of care the child rcccis'cs. 
The appropriate amount from (.-X) in 
this Rule plus the transportation al- 
lowance shall be budgeted. Unless 
the recipient reports to the county a 
change as defined in £[|, (jjj and (HI) 
of this Rule, this amount shall con- 



county shall 

above verifications 



again complete the 
and budget ac- 



cordingly 
(I) If the recipient notifies the 
county that the child is no longer 
receiving day care, the county shall 
delete the allowance. 

(II) If the recipient notifies the 
county that the child is in a differ- 



ent level of care, the recipient shall 
provide verification of this change 
from the pro\'ider. If appropriate, 
the county shall budget the new 
child care allowance. 
(Ill) If the recipient reports that the 
parent of the child for whom the 
child care allowance is budgeted is 
no longer in school, the county 
shall delete the allowance. 



(iii) The recipient shall provide verifi- 
cation that the household member 
stopped work solely to remain home 
and provide the child care. 

Authority G.S. I OS A- 25; I OS A- 33; J 43 B-/ 53; 
45 C.F.R. 233; c. 73S, 1987 Session Laws. 

.0312 ST.ATE WORK REQIIREMENT 

(a) An AFDC applicant/recipient who is 
not exempt, or who is exempt but volunteers, 
must register with the nearest Employment 
Security Commission office. A non-exempt 
applicant, recipient must present his registra- 
tion card as proof of registration at application 
and at each review. 

(b) Aft AFDC applicant/rooipiont is ejt- 
oinpt from rogiotration ' ■ ' ■ hon 6h» i*^ Ex- 
emptions for state work registration shall be 
found in 45 C.F.R. 224.20. 

{Vf & cliild und e r age ^ 

(3) a oliild age 4-^-4^ wfee is a full timo 
Dtudont »f who has boon aoooptod fof 
onroHmont a* a full tim e stud e nt f»f Ae 
next Dchool torm; 

f^ age 4$ ef oldor; 

(4) a parent ef oth e r sp e cifi e d r e lati' i ' e ' ■ ' ■ 'ho 
porGonally provid e s eafe fof a child hh- 
def &Hi7 if she porsonaliy providoo eafe 
with only brief absenc e s from the child; 

f^ itt ©f incapacitatod; 

mombor »f the household Vr^ is iii ©f 
incapacitalod; 
(-?^ living more than twe hours round tep 
from the Employment Security Com 



NORTH CAROLINA REGISTER 



692 



PROPOSED RULES 



mir . r . ion otTicj ©f itinorato ofTico m k» 
county e4' ror . idencL* ef place ef efi*- 
ploymont t*¥ moans ef a' l 'ailablo trans 
portation; 

f8-^ omployoJ ^ &f moro hours p^ wook » 
un -' UbsiiJU'ed e mploym e nt: 

(% proLinant b e annmu wrtfe rtie sixth 
month. 

(c) .\ny claim of exemption must be 
verified within 45 days from the date of appli- 
cation or 30 days from a change in situation 
or redetermination. \'erification will be ac- 
complished by necessary collateral contacts 
and inlbrmation contained in the case record. 

(d) A non-exempt applicant recipient 
who refuses to register for work is ineligible for 
assistance until he registers or becomes ex- 
empt. 

(e) The first time a registrant, without 
good cause, refuses to participate, terminates 
or refuses to accept employment or reduces 
earnings, the registrant becomes ineligible for 
AFDC for three calendar months. Any sub- 
sequent refusal, termination or reduction 
without good cause by the registrant results in 
his inehgibihty for AFDC for six calendar 
months. 

(f) Good Cause. Based upon evidence 
provided by the applicant recipient, the county 
director or his designee must determine good 
cause for refusing to participate, terminating 
employment, refusing to accept employment 
or reducing earnings. Good cause is defmed 
as: 

( 1 1 a court appearance; 

(2) an illness which can be substantiated 
by a doctor's statement: 

(3) a family crisis or a change; 

(4) a breakdown in transportation ar- 
rangements with no readily a\ailable 
alternate means of transportation: 

(5) a breakdown in the child care arrange- 
ment: 

(6) an assignment or job referral that does 
not meet the criteria for reasonable 
emplo\ment--that is hours and salary- 
comparable to those in community, 
work is suitable to person's skills, and 
is not hazardous; 

(7) weather that is bad enough to keep the 
registrant, and other persons similarly 
situated, from tra\'eUng to, or partic- 
ipating in the required activity; 

(8) the applicant recipient is employed al- 
ready; 

(9) a job referral when employment related 
ser\'ices are not in place; 



(10) refusal to accept major medical ser\'ices 
and or social services even when such 
refusal prevents participation in the 
program; 

(11) available child care is not suited to the 
special needs of the child for whom it 
is intended; 

(12) any other reason determined by the 
county director or his designee. 

Authority G.S. IOSA-29: I43B-153; 45 C.F.R. 
233.10; 45 C.F.R. 233.20. 

SECTION .0600 - P.WMENT PROCEDURES 

.0605 LOST: STOLEN AND FORGED CHECKS 

(a) If a recipient reports that a state- 
issued assistance check has been lost or stolen 
before he has endorsed it, the county depart- 
ment shall have the recipient sign an affidavit 
that he did not receive the check. Within 10 
days after the check is reported lost or stolen, 
the county department shall request a replace- 
ment check from the state office, tf tfee chock 

1^^^^ ^^^^^n ^i^o^^^^ tl^^ ^t^t^ L-r-t ■ill ^^^^^4 ^1^^ ^^^^ 
^^T^^ ^^^^^^^T ^^^^^^^^^^T ^^^^^ ^^^^^^r ^^^rcoj ^^^^^^3 ^^^^^ ^^^^^ 

dorsod chock 9*4 signature oamplos ©f tfe<* Fe- 
cipiont te- A# Stato Bureau ei Investigation fof 
hand' i vnting analysis, tf tfee analysis indicat e s 
tiwri- thr» chock vras- forged, a replacement check 
shall bf^ issu e d. i+' ti» analysis mdicatos Aat- 
fl» recipient endorsed Ae check, a replacement 
chock v^li H©4- be issued. 

(1 1 If the check has not been paid, the state 
shall issue a replacement check and is- 
sue a stop payment for the original 
check. 
(2) If the check has been paid, the state 
shall send to the countv a photocopy 
of the endorsed check and a Forger.' 
Atfidavit. The countv shall compare, 
or shall arrange for comparison bv ex- 
perts in the lield of document examina- 
tion, the endorsement to other known 
signatures of the paNce. 

(A) If forger>' is suspected, the countv 
shall submit to the state the completed 
and signed Forgen' .Aifidavit. The state 
shall issue a replacement check. 

(B) -After the countv makes its anal\sis 
and a determination is made that the 
pavee endorsed and cashed the check. 
it shall notifv the state. The state shall 
not issue a replacement check. 

(b| If a recipient reports that an assist- 
ance check has been lost or stolen after he has 
endorsed it, the county department wiU request 
a replacement check of the state office. If the 
check has not been paid by the State Treas- 



69 i 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



urer, a replacement check will be issued. If the 
check has been paid, a replacement check will 
not be issued. It is the responsibility of the 
recipient to take legal action. 

Authority G.S. I43B-I53; 45 C.F.R. 233.20. 

.0609 DETERMINATION OF PAYMENT 
AMOLNT 

(a) To determine the amount of the 
AFDC payment, once ehgibLlity has been es- 
tablished, the county shall subtract the total 
countable net income of the assistance unit 
(excluding the unemployment benefit received 
by the principal earner in an AFDC- UP case) 
from the Need Standard, including any special 
needs allowances, for the number in the as- 
sistance unit. The AIDC payment amount 
shall be 50 percent of the deficit. 

(b) If the assistance unit has no countable 
income, the AFDC payment shall be 50 per- 
cent of the Need Standard, including any spe- 
cial needs allowances, for the number in the 
assistance unit. 

Authority G.S. I43B-I53; c. 738, 1987 Session 
Laws. 



lyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Division of fleahh Services 
intends to adopt and amend regulations cited 
as 10 NCAC 7 A .0601 - .0605; 7F .0/07; 8D 
.0204, .0401, .1205. .1208; lOA .1205; lOD 
.0702, .1008. .1624. .1628, .1638 - .1641, .2513 

- .2514; /OF .000/ - .0002, .0028 - .003/, .0033 

- .0035, .0039 - .0042; /OG .080/ - .0803. 



Th 



he proposed effective dale of this action is 
June /. /988. 

1 he public hearing will be conducted at / :30 
p.m. on Februaty /7, /988 at the Highway 
Building, Auditorium (First Floor), / South 

Wilmington Street, Raleigh, North Carolina. 

y^omment Procedures: Any person may re- 
quest information or copies of the proposed 
rules by writing or calling John P. Barkley, 
Agency Legal Specialist, Division of Health 
Services, P. O. Box 209/. Raleigh. North 
Carolina 27602-2091, (9/9) 733-3/34. Writ- 
ten comments on the.'ie subjects may be sent to 
Mr. Barkley at the above address. Written and 
oral (for no more than ten minutes) comments 
on these subjects may be presented at the hear- 



ing. Notice should be given to Mr. Barkley at 
least three days prior to the hearing if you de- 
sire to speak. 

CHAPTER 7 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 7A - ACUTE 
COMMUNICABLE DISEASE CONTROL 

SECTION .0600 - SPECIAL 
PROGRAM/PROJECT FUNDING 

.0601 GENERAL 

(a) The Epidemiology Section provides 
grant funds for various special projects of local, 
regional, or statewide significance. Such 
projects may include, but are not limited to: 

(1) Service dehvery; 

(2) Special studies; 

(3) Public, professional, and patient educa- 
tion; or 

(4) Consultation and technical assistance. 

(b) The initiation and annual renewal of 
contracts for special projects is subject to the 
availabUity of funds. 

Statutory Authority G.S. /30A-5(3). 

.0602 PROMDER ELIGIBILITY 

The following organizations are eligible to 
apply for special project funds from the 
Epidemiology Section: 

(1) local health departments; and 

(2) Non-profit or governmental groups such 
as public health, educational, and volun- 
tary organizations. 

Statutory Authority G.S. /30A-5(3). 

.0603 APPLICATION FOR FUNDS 

(a) Grants for special projects shall be 
awarded through a request for proposal (RFP) 
process that includes notification of all local 
health departments of the eligibility criteria, 
requirements for funding, and duration of the 
project period. This information shall also be 
available to other groups or organizations who 
may wish to apply. Requests for proposals 
may be obtained from the Epidemiology Sec- 
tion, Post Office Box 2091, Raleigh, North 
CaroUna 27602. 

(b) The grant proposal shall include the 
following: 

(1) a project plan which includes an assess- 
ment of the need for the special project, 
measurable project objectives, and 
strategies for meeting the project objec- 
tives; 

(2) a proposed budget; and 



NORTH CAROUNA REGISTER 



694 



PROPOSED RULES 



(3) an evaluation plan. 

(c) In making the determination of which 
applications to approve for funding, each pro- 
posal will be judged on its own merits in 
competition with all the other proposals sub- 
mitted to the section. Proposals shall be 
judged according to the following criteria: 

(1) the proposal demonstrates that a sub- 
stantial need exists; 

(2) the proposed project makes a significant 
contnbution m meeting the established 
need; and 

(3) the proposed project can be successfully 
completed within a reasonable period 
of time. 

(d) The Epidemiology Section shall re- 
view all grant proposals submitted on or before 
the deadline for submission of proposals. The 
Epidemiology' Section shall appro\e or deny a 
grant proposal within 60 days after the dead- 
line for receipt of the grant proposal. 

(e) A contract shall be signed with each 
applicant that is approved for funding. The 
number and type of services to be pro\ided 
under the contract shall be negotiated with 
each contractor, approved by the 
Epidemiology Section, and included as an ad- 
dendum to the contract. Contracts may be 
renewed upon expiration of the contract period 
when the contractor's proposal meets the cri- 
teria in (c)(1) of this Rule, the contractor has 
demonstrated adequate performance, and 
funds are available. 

Statuloty Author!!}' G.S. 130.4-5(3). 

.0604 REPORTS 

(a) The contractor shall submit periodic 
performance reports as specified in the con- 
tract. 

(b) The contractor shall submit a final 
report at the close of the contract period. The 
report shall include an e\aluation addressing 
progress in meeting the objectives outlined in 
the application. 

Slaiiuoty .Authority G.S. 130.4-5(3). 

.0605 LSE OF SPECIAL PROJECT FL NDS 

(a) Special Project Funds provided pur- 
suant to these Rules shall be expended solely 
for the purposes for which the funds were 
made available in accordance with the ap- 
proved application, negotiated project objec- 
ti\es and budget, the rules in this Section, the 
terms and conditions of the award, and the 
applicable state costs principles. 



(b) A contractor that consistently fails to 
meet acceptable levels of performance, as de- 
termined through site visits, review of per- 
formance reports, and other appropriate and 
generally accepted performance standards, and 
has been offered consultation and technical 
assistance, may have special project funds re- 
duced or discontinued. Recommendations to 
reduce or discontinue funding shall be re- 
viewed and approved by the State Health Di- 
rector. 

Statutory Authority G.S. l30A-5(3). 

SUBCHAPTER 7F - VETERINARY PLBLIC 
HEALTH 

SECTION .0100 - VETERINARY PLBLIC 
HEALTH PROGRAM 

.0107 APPROVED RABIES VACCINES 

The following rabies vaccines are ap- 
proved for use in animals in this State: 
(23) Rabcine-3 (Beecham) 

Statutory Authority G.S. BOA- 1 85. 

CHAPTER 8 - HEALTH: PERSONAL HEALTH 

SLBCHAPTER 8D - CRIPPLED CHILDREN: 
DE\ELOPMENTAL DISABILITIES BR,\NCH 

SECTION .0200 - GENERAL POLICIES 

.0204 SPONSORED CLINICS 

(a) Various types of sponsored clinics, 
with the participation of at least one rostered 
physician, will be conducted periodically 
throughout the State of North Carolina. Two 
initial diugnof . tic visits pef support e d modioal 
condition wili be availablij to aU children Fe- 
gardl e ss ef e conomic status. 

Statutory .Authority G.S. 130.4-124. 

SECTION .0400 - SERVICES 

.0401 CLINIC SERVICES 

(a) Children's Special Health Services 
shall sponsor clinics to provide care for chil- 
dren with a number of conditions. Any child 
may be referred for a diagnosis when suspected 
of having an accepted medical condition, re- 
gardless of family income; but those children 
who do not meet the fmancial eligibility criteria 
in Rule .0304 of this Subchapter shall not be 
supported for treatment by the program. No 
charges will be imposed for diagnostic services 
provided to children whose famih income is 
at and below the financial eligibility scale for 



695 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



program services. A child whose family's in- 
come is above the financial eligibility scale for 
Children's Special Health Scn'ices shall have 
access to diagnostic services in a program 
sponsored clinic in accordance with the pro- 
visions of Paragraph (b) of Rule .1208. To 
receive treatment services in a program spon- 
sored clinic, a child must meet the Children's 
Special Health Ser\'ices eligibility criteria of 
age, residence, medical condition and family 
income. A concerted effort shall be made to 
coordinate ser%'ices received in sponsored clin- 
ics and in hospitals with primary health care 
providers. There will be the following kinds 
of sponsored clinics: 

(1) Orthopedic clinics. These clinics shall 
be located throughout the state, and 
may be held monthly or more fre- 
quently. Notwithstanding the pro- 
visions of Paragraph (a), two initial 
diagnostic visits shall be available to all 
children regardless of family income. 
Arrangements for treatment, such as 
hospitalization, appliances, and/or 
physical therapy, may be made at that 
time. 

Statutory Authority G.S. I30A-I24. 

SECTION .1200 - CHILDREN'S SPECIAL 
HEALTH CONTRACT FUNDS 

.1205 SCOPE OF SERVICES 

(b) Outpatient clinic services shall include 
evaluation, treatment, follow-up and referral. 
Program eligible children shall be given first 
priority for clinic sei^ices paid through the 
Children's Special Health Services contract. 
Diagnostic services provided to over-income 
children through the use of a sliding fee scale 
may be subsidized through the contract con- 
tingent upon the availability of funds. 

Statutory' Authority G.S. I30A-124. 

.1208 CLIENT AND THIRD PARTY FEES 

(a) Children's Special Health Services el- 
igible individuals or their famihes wiO not be 
billed. 

(b) If a Children's Special Health Services 
contract clinic chooses to pro\ide diagnostic 
services to children whose family income is 
abo\e the Program's financial eligbility scale, 
the contract clinic can provide those services if 
a sliding fee scale is established to charge over 
income families except as provided in Subpar- 
agaph (a) (1) of Rule .0401. Fhe slidmg fee 
scale shall reflect income and family size of 



clients. No charges shall be imposed for diag- 
nostic services provided to children whose 
family income is at and below the program's 
financial eligibility scale. 

(fe) (c} All Children's Special Health Ser- 
vices contractual agencies are required to bill 
all available and appropriate reimbursement 
sources. 

(1) All fee collections must be budgeted and 
expended during the fiscal year earned 
or within the subsequent fiscal year. 
Billing rates must be based consistently 
on estabUshed Medicaid rates outlined 
in the Title XIX Memorandum of 
Understanding between the Contractor 
and the division governing Medicaid 
reimbursement and dated July 1, 1984, 
and established state and program re- 
imbursement guidelines. Fees, upon 
approval of the program, will be used 
to either expand program services or to 
reduce the amount of state appropri- 
ation. 

(2) All anticipated fees that have been 
budgeted must be reported and ex- 
pended in the quarterly expenditure re- 
ports as earned. 

(3) All fees brought forward from the prior 
fiscal year shall be expended prior to the 
expenditure of state appropriations. 

(4) All fees earned in excess of the original 
budgeted amount carmot be budgeted 
and/or expended without prior written 
approval of the program director. 

Statutory Authority G.S. I30A-I24. 

CHAPTER 10 - HEALTH SERVICES: 
ENVIRONMENTAL HEALTH 

SUBCHAPTER lOA - SANITATION 

SECTION .1200 - GRADE A MILK 
SANITATION 

.1205 GENERAL - ADOPTION BY REFERENCE 

(b) The 1978 Pasteurized Milk Ordi- 
nance, including all appendices and adminis- 
trative procedures, recommended by the U.S. 
Public Health Service/Food and Drug Admin- 
istration as amend e d through faly 47 1986 
(hereinafter referred to as the "Milk 
Ordinance") is adopted by reference in ac- 
cordance with G.S. 1 SOB- 14(c). Copies of the 
Milk Ordinance may be obtained from the 
Sanitation Branch, Division of Health Ser- 
vices, Department of Human Resources, P.O. 
Box 2091, Raleigh, North Carolina 
27602-2091. 



NORTH CAROLINA REGISTER 



696 



PROPOSED RULES 



Statuiory Authorily G.S. I30A-275. 

SUBCHAPTER lOD - WATER SLPPLIES 

SECTION .0700 - PROTECTION OF PUBLIC 
WATER SLPPLIES 

.0702 DEFINITIONS 

(3) "Best available technolo_e\" or "BAT" 



means the best technology, treatment 
techniques, or other means which the de- 
partment finds, after examination for efTi- 
cac\" under held conditions and not solely 
under laboratory' conditions are available 
(takmg cost into consideration). For 
purpose of settmg maximum contaminant 
levels for s\nthetic organic chemicals, any 
BA r must be at least as effective as gran- 
ular activated carbon. 



(27) "Pubhc water system" 

(b) A pubhc water system is either a 
"conimuruty water system" or a "non- 
community water system": 
(iii) "Non-transient, non-community 
water s\stem" means a pubhc water 
sNstem that is not a community water 
SNstem and that regularh ser\es at least 
25 of the same persons over six months 
per year. 

(28) "PoLnt-of-entrv treatment device" is a 
treatment device apphed to the drinking 
water entenng a house or buildmg for the 
purpose of reducing contaminants in the 
drinking water distnbuted throughout the 
house or building. 

(2^^) " Point -of-use treatment device" is a 
treatment device applied to a single tap 
used for the purriose of reducing contam- 
inants in drinking water a[ that one tap. 

Authority G.S. I30A-31I through J30.4-327; 
P.L. 93-523: 40 C.F.R. 141. 



SECTION .1000 - WATER SUPPLY DESIGN 
CRITERIA 

.1008 LEAD FREE CONSTRUCTION 

(a) /\ny pipe, pipe htting, solder or flux 
used after June 19, 19S8 in the installation or 
repair of an\- public water system shall be lead 
free. 

(b) "I ead free" means that solders and 
flux shall not contain more than 0.2 percent 
lead, and pipes and pipe fittings shall not con- 
tain more than 8.0 percent lead. 

(c) This Rule shall not apply to leaded 
joints necessary for the repair of cast iron 
pipes. 



(d) By June 19, 1988, each public water 
system shall provide notice to persons that 
may be affected by lead contamination of their 
drinking water when contamination results 
from the lead content in the construction ma- 
terials of the pubhc water system distribution 
hnes or from corrosivity of the water supply 
sufficient to cause leaching of lead. The man- 
ner and form of the notice shall be in accord- 
ance with 40 C.F.R. 141.34 which is hereby 
adopted by reference in accordance with G.S. 
150B-14(c). 

Authority G.S. l:>0A-3ll through I30A-327; 
P.L. 93-523; 40 C.F.R. 141. 

SECTION .1600 - WATER QUALITY 
STANDARDS 

.1624 ORGANIC CHEMICALS OTHER THAN 
TTH.M: SA.MPLING .\ND ANALYSIS 

(e) .Analysis made to determine compU- 
ance with jO NCAC IQD .1639(a) shall be 
conducted as follows: 



( 1) Ground-water systems shall sample at 
points of entry to the distribution sys- 
tem representati\e of each well. 
Ground-water systems must sample ev- 
erv three months for each entPt point 
to the distnbution system except as 
proMded in paragraph (e)(6)(i) of this 
Rule. .Surface water systems shall 
sample at points in the distribution 
system after any treatment application. 
Surface water systems must sample 
each source ever\' three months except 
as provided in Paragraph (g)(6)(ii) of 
this Rule: sampling must be conducted 
at the same location or a more repre- 
sentative location each quarter. If a 
ground or surface system draws water 
from more than one source and sources 
are combined before distribution, the 
system must sample at an entrs' point 
to the distribution system during peri- 
ods of normal operating conditions. 

(2) .All community water systems and 
non-transient, non-communitv water 
systems serving more than 10,000 peo- 
ple shall analyze samples beginning no 
l ater than June _k 1988. .AH community 
water systems and non-transient, non- 
communitv water systems serving from 
3.300 to 10.000 people shall analyze 
samples beginning no later than Janu- 
arv \_^ 1989. All other community and 
non-transient, non-communitv water 



697 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



systems shall analyze samples beginning 
no later than January j_^ 1991. 

(3) The department or the United States 
Environmental Protection Agency may 
require confirmation samples for posi- 
tive or negative results. If a confirma- 
tion sample(s) is required, then the 
sample result(s) should be averaged 
with the first sampling result and used 
for compliance determination in ac- 
cordance with (g)(7) of this Rule. The 
department may delete results of obvi- 
ous sampling errors from this calcu- 
lation. 

(4) Analysis for vinyl chloride is required 
only for ground water systems that have 
detected one or more of the following 
two -carbon organic compounds: 
Trichloroethylene, letrachloroethylene, 
1 ,2-dichloroethane, 

1,1,1 -trichloroethane, 



cis- 1 ,2-dichloroethvlene, 
trans- 1 ,2-dichloroethylene, or 

1 , 1 -dichloroethylcne. The analysis for 
vmyl chloride is required at each dis- 
tribution or entry' point at which one 
or more of the two-carbon organic 
compounds were found. If the first 
analysis docs not detect \invl chloride. 



(51 



the department may reduce the fre- 
quency of \inyl chlondc monitoring to 
once every three years for that sample 
location or other sample locations 
which are more representative of the 
same source. Surface water systems 
may be required to analyze for vinvl 
chloride at the discretion of the depart- 
ment . 

T he department or individual public 
water systems may composite up to five 
samples for one or more public water 
systems. Compositing of samples is to 
be done in the laboratory by the proce- 
dures listed in this Subparagraph. 



Samples should be analyzed within 14 
days of collection. If any organic con- 
taminant listed m H) NCAC lOD 
.1639(a) is detected in the onginal 
composite sample, a sample from each 
source that made up the composite 
sample must be rcanahzed individually 
within 14 days from sampling. The 
sample for reanalysis cannot be the ori- 
ginal sample but can be a duplicate 
sample. ]f duplicates of the original 
samples are not available, new samples 
must be taken from each source used in 
the original composite and analyzed for 



volatile organic chemicals. Reanalysis 
must be accomplished within 14 days 
of the second sample. To composite 
samples, the following procedure shall 
be applied: 
(i) To composite samples prior to GC 
analysis: 

(A) Add 5-ml or equal larger amounts 
of each sample (up to 5 samples are 
allowed) to a 25-ml glass syringe. 
Special precautions must be made to 
maintain zero headspace in the 
syringe. 

(B) The samples must be cooled at 4/C 
during this step to minimize 
volatilization losses. 

(C) Mix well and draw out a 5-ml 
aHquot for analysis. 

(D) Follow sample introduction, 
purging, and desorption steps de- 
scribed in the method. 

(E) If less than five samples are used 
for compositing, a proportionately 
smaller syringe may be used. 

(ii) To composite samples prior to 
GC/MS analysis: 

(A) Inject 5-ml or equal larger 
amounts of each sample (up to 5 
samples are allowed) into a 25-ml 
purging device using the sample in- 
troduction technique described m the 
method. 

(B) The total volume of the sample in 
the purging device must be 25 ml. 

(C) Purge and desorb as described in 
the method. 

(6) The monitoring frequency for sampling 
specified in Paragraph (e)( 1) of this 
Rule^ shall be as follows: 



(i) Eor ground water systems: 

(A) When volatile organic chemicals 
are not detected in the first sample 
(or any subsequent samples that may 
be taken) and the system is not vul- 
nerable as defmed in Paragraph 
(e)(6)(iv) of this Rule, monitoring 
shall be repeated every five years. 

(B) When volatile organic chemicals 
are not detected in the first sample 
(or any subsequent sample that may 
be taken) and the system is \ailner- 
able as defined in Paragraph (e)(6)(iv) 
of this Rule, monitoring must be re- 
peated every 3 years for systems with 
more than 500 connections, and 
monitoring must be repeated every 5 
years for systems with less than 500 
connections. 



NORTH CAROLINA REGISTER 



698 



PROPOSED RULES 



(C) If volatile organic chemicals are 
detected in the first sample (or any 
subsequent sample that may be 
taken), regardless of \ailnerabilitv, 
monitoring must be repeated every 3 
months, as required under Paragraph 
(e)(1) of this Rule, 
(ii) For surface water systems: 

(A) WTien volatile organic chemicals 
are not detected in the first year of 
quarterly samplin.g (or any other 
subsequent sample that may be 
taken) and the system is not vulner- 
able as dcfmed in Paragraph 
(e)(6)(iv). monitorin,^ is only required 
when the department deems it neces- 
sary . 

(B) When volatile organic chemicals 
are not detected in the first year of 
quarterly sampling (or any other 
subsequent sample that may be 
taken) and the system is vnjlnerable 
as defined in Paragraph (e)(6)(iv) of 
this Rule, monitormg must be re- 
peated e\'erv 3 years for systems with 
more than 500 connections and 
monitoring must be repeated every 5 
years for SNStcms with less than 500 
connections. 

(C) When volatile organic chemicals 
are detected in the first year of quar- 
terly sampling (or any other subse- 
quent sample that may be taken), 
regardless of \ulncrability, monitor- 
ing must be repeated every 3 months 
as required under Paragraph (e)(1) of 
this Rule. 

(iii) Ihe department may reduce the fre- 
quency of monitonng to once per year 
for a groundwater system or surface 
water system detecting \'olatile organic 
chemicals at levels consistently less than 
the maximum contaminant le\'el for 
three consecuti\'e years. 



m 



(iv) Vulnerability of each public water 
system shall be determined by the de- 
partment based upon an assessment of 
previous monitonng results, the num- 
ber of persons sen,'ed by public water 
system, proximity of a smaller system 
to a larger system, pro.ximitv to com- 
mercial or industrial use, disposal, or 
storage of volatile synthetic organic 
chemicals, and protection of the water 
source. 

(v) A system is deemed to be vulnerable 
for a penod of 3 years after any positive 
measurement of one or more contam- 



(81 



inants listed in either J[0 NCAC lOD 
.1639(a) or .1638(e') except for 
trihalomethanes and other demon- 
strated disinfection by-products. 

Compliance with ]0 NCAC lOD 
.1639(a) shall be determined based on 
the results of running annual average 
of quarterly sampling for each sampling 
location. If one location's average is 
greater than the maximum contaminant 
level, then the system shall be deemed 
to be out of compliance. If a public 
water system has a distribution system 
separable from other parts of the dis- 
tribution system with no intercon- 
nections, only that part of the system 
that exceeds any maximum contam- 
inant level as specified in ^0 NCAC 
lOD .1639(a) will be deemed out of 
compliance. The department may re- 
duce the public notice requirement to 
that portion of the system which is out 
of compliance. If any one sample re- 
sults v/ould cause the annual a\'erage to 
be exceeded, then the system shall be 
deemed to be out of compliance imme- 
diately. For systems that only take one 
sample per location because no volatile 
organic chemicals were detected, com- 
pliance shall be based on that one sam- 
ple. 

Analyses made to determine compli- 
ance with this Paragraph shall be made 
in accordance with methods adopted by 
the United States Fnvironmental Pro- 
tection Agency and codified as 40 
C.F.R. 141.24(g)(10) which are hereby 
adopted by reference m accordance with 
G.S. 150B- 14(c). A list of these meth- 
ods b available from the Public Water 
Supply Branch, Environmental Health 
Section, Division of Health Services, R 
O. Box 2091, Raleigh, NC 27602-2091. 



(9) The department may accept momtoring 
data collected after January' h 1983, for 
purposes of compliance, if the data is 
consistent with the other requirements 
in (e) of this Rule. The department 
may use that data to represent the initial 
monitoring if the system is determined 
by the department not to be \'ulnerable 
under the requirements of this Rule. 
In addition, the results of the United 
States En\ironmentcd Protection Agen- 
cy's Ground Water Supply Sur\'ey may 
be used in a similar manner for systems 
supplied by a single well. 



699 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(10) The department may increase required 
monitoring where necessary to detect 
variations within the system. 

(1 1) A water supplier for a public water 
system supplying fewer than 1 50 service 
connections may comply with the 
monitoring requirements by sending a 
letter to the department specifying that 
the system is available for sampUng. 
No samples may be sent to the depart- 
ment unless so requested. The letter 
must be sent to the Department no later 
than January J^ 1991. 

(f) I'he department may determine com- 
pliance or initiate enforcement action based 
upon analytical results and other information 
compiled by their sanctioned representatives 
and agencies. 

Authority G.S. I30A-3II through I30A-327; 
P.L. 93-523; 40 C.F.R. 141. 

.1628 MONITORING OF CONSECUTIVE 
PLBLIC WATER SYSTEMS 

(c) The department may exempt a pubUc wa- 
ter system that obtains treated water from an- 
other public water system serving more than 
10.000 persons from conducting compliance 
monitoring for the organic chemicals under 10 
NCAC lOD .1639(a), provided that the system 
from which the water is obtained has con- 
ducted the analyses required under 10 NCAC 
lOD .1639(a). Exempted public water systems 
which disinfect are required to monitor under 
10 NCAC lOD .1638. 

Authority G.S. I30A-3II through I30A-327; 
P.L. 93-523; 40 C.F.R. 141. 

.1638 SPECIAL MONITORING FOR ORGANIC 
CHEMICALS 

(a) All community and non-transient, 
non-community water systems shall begin 
monitoring for the contaminants listed in Par- 
agraph (e) in this Rule as follows: 

(1) A system serving more than 10,000 
persons shall begin monitoring no later 
than June 1, 1988. 

(2) A system serving from 3,300 to 10,000 
persons shall begin monitoring no later 
than January 1, 1989. 

(3) A system serving less than 3,300 shall 
begin monitoring no later than January 
1, 1991. 

(b) Surface water systems shall sample in 
the distribution system representative of each 
water source or at entry points to the distrib- 
ution system; the minimum number of sam- 



ples is one year of quarterly samples per water 
source. Ground water systems shall sample 
at points of entry to the distribution system 
representative of each well; the minimum 
number of samples is one sample per entry 
point to the distribution system. 

(c) The department may require confir- 
mation samples for positive or negative results. 

(d) Community water systems and non- 
transient, non-community water systems shall 
monitor for the following contaminants except 
as provided in Paragraph (e) of this Rule: 

(1) Chloroform 

(2) Bromodichloromethane 

(3) Chlorodibromomethane 

(4) Bromoform 

( 5) trans- 1 , 2- Dichloroethylene 

(6) Chlorobenzene 

(7) m-Dichlorobenzene 

(8) Dichloromethane 

(9) cis- 1,2- Dichloroethylene 

10) o-Dichlorobenzene 

11) Dibromomethane 

12) 1,1- Dichloropropene 

13) Tetrachloroethylene 

14) Tolune 

15) p-Xylene 

16) o-Xylene 

17) m-Xylene 

18) 1,1-Dichloroethane 

19) 1,2-Dichloropropane 

20) 1,1,2,2-Tetrachloroethane 

2 1 ) Ethylbenzene 

22) 1,3-Dichloropropane 

23) Styrene 

24) Chloromethane 

25) Bromomethane 

26) 1,2,3- Trichloropropane 

27) 1,1,1,2-Tetrachloroethane 

28) Chloroethane 

29) 1,1,2-Trichloroethane 

30) 2,2-Dichloropropane 

31) o-Chlorotoluene 

32) p-Chlorotoluene 

33) Bromobenzene 

34) 1,3-Dichloropropene 

35) Ethylene dibromide (EDB) 

36) l,2-Dibromo-3-Chloropropane 
(DBCP) 

(e) Community water systems and non- 
transient, non-community water systems shall 
monitor for EDB or DBCP only if the de- 
partment determines they are vulnerable to 
contamination by either or both of these sub- 
stances. For the purpose of this Paragraph, a 
\ailnerable system means a system wliich is 
potentially contaminated by EDB and DBCP, 
including surface water systems where these 



NORTH CAROLINA REGISTER 



700 



PROPOSED RULES 



two compounds are applied, manufactured, 
stored, disposed of, or shipped upstream, and 
for ground-water systems in areas where the 
compounds are applied, manufactured, stored, 
disposed of, or shipped in the ground-water 
recharge basin, or for ground-water systems 
that are in proximity to underground storage 
tanlcs that contain leaded gasoline. 

(f) ^Vnalysis under this Rule shall be 
made in accordance with methods adopted by 
the United States Environmental Protection 
Agency and codified as 40 C.F.R. 141.40(g) 
which are hereby adopted by reference in ac- 
cordance with G.S. 1 SOB- 14(c). A list of these 
methods is available from the Public Water 
Supply Branch, Environmental Health Sec- 
tion, Division of Health Services, P.O. Box 
2091, Raleigh, NC 27602-2091. 

(g) Pubhc water systems may use moni- 
toring data collected any time after January 1, 
1983, provided the monitoring program was 
consistent with the requirements of this Rule. 

(h) The department may require moni- 
toring for the following compounds: 

(1) 1 .2,4-Trimethylbcnzene 

(2) 1 ,2,4-Trichlorobenzene 

(3) 1,2,3-Trichlorobcnzene 

(4) n-Propylbcn2cne 

(5) n-Butylbenzene 

(6) Naphthalene 

(7) Hexachlorobutadiene 

(8) 1,3,5-Trimcthylbenzene 

(9) p-Isopropyltoluene 

(10) Isopropylbenzene 

(11) Tert-butylbenzene 

(12) Sec-butylbenzene 

(13) Eluorotrichloromethane 

(14) ichlorodifluoromethane 

( 1 5) Bromochloromethane 

(i) A water supplier for a community 
water system or non-transient, non- 
community water system serving fewer than 
150 service connections may comply with this 
Rule by sending a letter to the department 
stating that its system is available for sampling. 

(i) /\11 community and non-transient, 
non-community water systems shall repeat the 
monitoring no less frequently than ever>' five 
years from the dates specified in Paragraph (a) 
of this Rule. 

Authority G.S. I30A-3II through I30A-327; 
P.L. 93-523; 40 C.F.R. 141. 

.1639 MAXIMUM CONTA.MINANT LEVELS 
FOR ORGANIC CONTAMINANTS 

(a) The following maximum contaminant 
levels for organic contaminants apply to com- 



munity water systems and non-transient non- 
community water systems: 



CAS No. 


Maximum 
Contaminant contaminant 




level 


in mg/1 


71-43-2 


Benzene 


0.005 


75-01-4 


Vinyl Chloride 


0.002 


56-23-5 


Carbon tetrachloride 


0.005 


107-06-2 


1,2- Dichcloroethane 


0.005 


79-01-6 


Trichloroethylene 


0.005 


75-35-4 


1,1- Dichcloroethy Lene 


0.007 


71-55-6 


1,1,1 -Trichloroethane 


0.20 


106-46-7 


para- Dichloro benzene 


0.075 



(b) Central treatment using packed tower 
aeration and central treatment using granular 
activated carbon are identified as the best 
available technology for achieving compliance 
with the maximum contaminant levels for 
synthetic organic chemicals, except vinyl 
chloride. 

Authority G.S. 130.4-3II through 130A-327; 
P.L. 93-523; 40 C.F.R. I4L 

.1640 REPORTING FOR ORGANIC 
CHEMICALS 

(a) The requirements of this Rule only 
applv to the contaminants listed in 10 NCAC 
10D'.1638. 

(b) The water supplier for a community 
water system or non-transient, non- 
community water system who is required to 
monitor under 10 NCAC lOD .1638 shall send 
a copy of the results of such monitoring within 
30 days of receipt and any public notice under 
Paragraph (d) of this Rule to the department. 

(c) The department shall furnish the fol- 
lowing information to the administrator for 
each sample analyzed: 

(1) Results of all anal)lical methods, in- 
cluding negatives; 

(2) Name and address of the system that 
supplied the sample; 

(3) Contaminant(s); 

(4) Anal\nical method(s) used; 

(5) Date of sample; 

(6) Date of analysis. 

(d) The water supplier shall notify per- 
sons seived by the system of the availability 
of the results of sampling by including a notice 
in the first set of water biUs issued after the re- 
ceipt of the results or written notice within 
three months. The notice shall identify a per- 
son and telephone number to contact for in- 
formation on the monitoring results. 



701 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Authority G.S. I30A-3II through I30A-327; 
P.L. 93-523; 40 C.F.R. 141. 



inant level. Bottled water or point-of-use de- 
vices may be used on a temp>orary basis to 
avoid an unreasonable risk to health. 



.1641 POINT-OF-ENTRY AND OTHER 
TREATMENT DEVICES 

(a) Public water systems may use point- 
of-entry devices to comply with maximum 
contaminant levels only if they meet the re- 
quirements of this Rule. 

(b) The water supplier shall operate and 
maintain the point - of - entry treatment sys- 
tem. 

(c) The water supplier shall develop a 
monitoring plan and obtain department ap- 
proval of the plan before point-of-entry devices 
are installed for compliance. The approved 
plan shall provide health protection equivalent 
to central water treatment. "Equivalent" 
means that the water would meet all maximum 
contaminant levels in this Subchapter and 
would be acceptable quality similar to water 
distributed by a weU operated central treatment 
plant. In addition to monitoring for volatile 
organic chemicals, monitoring shall include 
physical measurements and observations such 
as total flow treated and mechanical condition 
of the treatment equipment. 

(d) Effective technology must be properly 
applied under a plan approved by the depart- 
ment and the microbiological safety of the 
water must be maintained as follows: 

(1) Adequate certification of performance, 
field testing, and, if not included in the 
certification process a rigorous engi- 
neering design review of the point-of- 
entry devices shall be provided; and 

(2) The design and application of the 
point-of-entry devices shall consider the 
tendency for increase in heterotrophic 
bacteria concentrations in water treated 
with activated carbon. It may be nec- 
essary to use frequent backwashing, 
post-contractor disinfection, and 
Heterotrophic Plate Count monitoring 
to ensure that the microbiological safety 
of the water is not compromised. 

(e) All consumers shall be protected. 
Every building connected to the system shall 
have a point-of-entry device installed, main- 
tained, and adequately monitored. The rights 
and responsibilities of the public water system 
consumer shall be conveyed with title upon 
sale of property. 

(f) Public water systems shall not use 
bottled water or point-of-use devices to 
achieve comphance with a maximum contam- 



Authority G.S. I30A-3II through I30A-327; 
P.L. 93-523; 40 C.F.R. I4L 

SECTION .2500 - VARIANCES AND 
EXPEMPTIONS 

.2513 BOTTLED WATER AND POINT-OF-USE 
DEVICES 

(a) The department may require a pubhc 
water system to use bottled water or point-of- 
use devices as a condition for granting a vari- 
ance or exemption from the requirements of 
10 NCAC lOD. 

(b) Public water systems that use bottled 
water as a condition of obtaining a variance 
or exemption shall meet the following require- 
ments in either paragraph (b)(1) or (b)(2) of 
this Rule in addition to requirements in Para- 
graph (b)(3) of this Rule: 

(1) The water supplier shall develop and 
operate a monitoring program that 
provides reasonable assurances that the 
bottled water meets all maximum con- 
taminant levels. The water supplier 
must monitor a representative sample 
of the bottled water for all contam- 
inants regulated under 10 NCAC lOD 
.1639(a) the first quarter that it supplies 
the bottled water to the public, and an- 
nually thereafter. Results of the moni- 
toring program shall be provided to the 
department annually; or 

(2) The public water system shall receive a 
certification from the bottled water 
company that the bottled water sup- 
plied has been taken from an "approved 
source" as defmed in 21 C.F.R. 129.3(a) 
which is hereby adopted by reference in 
accordance with G.S. 150B-14(c); that 
the bottled water company has con- 
ducted monitoring in accordance with 
21 C.F.R. 129.80(g)(1) through (3) 
which is hereby adopted by reference in 
accordance with G.S. 1 503- 14(c); and 
the bottled water does not exceed any 
maximum contaminant levels or quality 
limits as set out in 21 C.F.R. 103.35, 
110, and 129 which are hereby adopted 
by reference in accordance with G.S. 
1 508- 14(c). The public water system 
shall provide the certification to the de- 
partment the first quarter after it sup- 
plies bottled water and annually 
thereafter; and 



NORTH CAROHN.4 REGISTER 



702 



PROPOSED RULES 



(3) The water supplier shall provide sufli- 
cient quantities of bottled water to ev- 
er)' person supplied by the public water 
system, via door-to-door bottled water 
delivery, 
(c) Public water systems that use point- 
of-use devices as a condition for receiving a 
variance or exemption must meet the following 
requirements: 

(1) The water supplier shall operate and 
maintain the point-of-use treatment 
system. 

(2) The water supplier shall develop a 
monitoring plan and obtain department 
approval for the plan before point-of- 
use devices are installed for compliance. 
The monitoring plan shall provide 
health protection equivalent to a moni- 
toring plan for central water treatment. 

(3) Effecti\e technology must be properly 
applied under a plan approved by the 
department and the microbiological 
safety of the water must be maintained 
as follows: 

(A) Adequate certification of perform- 
ance, filed testing, and. if not included 
in the certitication process, a ngorous 
engineering design review of the point- 
of-use devices shall be pro\'ided; and 

(B) The design and application of the 
point-of-use devices shall consider the 
tendency for increase in heterotrophic 
bacteria concentrations in water treated 
with activated carbon. It may be nec- 
essary to use frequent backwashing, 
post-contractor disinfection, and 
Heterotrophic Plate Count monitoring 
to ensure that the microbiological safety 
of the water is not compromised. 

(4) All consumers shall be protected. Every 
building connected to the system shall 
have a point-of-use device installed, 
maintained, and adequately monitored. 
The rights and responsibilites of the 
pubhc water system consumer shall be 
con\'e\ed with title upon sale of prop- 
erty. 

Authority G.S. I30A-3II through 1 30 A- 327; 
P.L. 93-523: 40 C.F.R. 142. 



maximum contaminant levels for synthetic or- 
ganic chemicals. 

(b) Community water systems and non- 
transient, non-community water systems shall 
install and/or use any treatment method iden- 
tified in Paragraph (a) as a condition for 
granting a variance except as provided in Par- 
agraph (c). If after the system's installation 
of the treatment method, the system cannot 
meet the maximum contaminant level, that 
system shall be eligible for a variance. 

(c) If a system can demonstrate through 
comprehensive engineering assessments, which 
may include pilot plant studies, that the treat- 
ment methods identified in Paragraph (a) 
would only achieve a de minimis reduction in 
contaminants, the department may issue a 
schedule of compliance that requires the sys- 
tem being granted the variance to examine 
other treatment methods as a condition of ob- 
taining the variance. 

(d) If the department determines that a 
treatment method examined under Paragraph 
(c) of this Rule is technically feasible the de- 
partment may require the system to install 
and or use that treatment method in con- 
nection with a compliance schedule. The de- 
partment's determination shall be based upon 
studies by the system and other relevant infor- 
mation. 

Authority G.S. 130A-31I through I30A-327; 
P.L. 93-523; 40 C.F.R. 142. 

SLBCH.\PTER I OF - HAZ.\RDOUS WASTE 
M.\NAGEMENT 

.0001 GENERAL 

(c) 4^ PeOr R*g. Um^ f««a> ^ h» 
codifi e d » 40 CFR 260.1 to 260.3 (Subpart 
A), "General," has been adopted by reference 
ae amondt'd by ^ ¥^ Regr 28,682 aR4 -10,636 
(1986). in accordance with G.S. 1 SOB- 14(c). 

(e) The "References" contained in 44 
Pe4, RegT 35,217 (1981) (4e h% oodifiod m 40 
CFR 260.11 have been adopted by reference 
a^ amend e d by 4;^ P«4r R^ . 11,563 (1982); 
aft4 40 PedrR^gr ■ 17,391 (198T). in accordance 
with G.S. 150B-14(c). 

Statutory Authority G.S. l30A-294(c). 



.2514 \ARIANCKS FOR S\^THETIC 
ORGANIC CHEMICALS 

(a) Removal using packed tower aeration 
and removal using granular activated carbon 
(except for vinyl chloride) are the best available 
technology for achieving compliance with the 



.0002 DEFINITIONS 

(a) The definitions contained in 44 Fod. 
Reg, 33,073 to 33.076 (1980) ^ be codiliod m 
40 CFR 260.10 (Subpart B) }f 44 f-^^ R«gr 
UA^ to ^^r«4 (1980); fto b« codifiod m 40 
CFR 270.2 >t and 44 f*4r Regr Ur^^ fW*^ 



703 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(te fee oodifiod ift 40 CI'R 124.2 > have been 
adopted by reference as am e nded by 4^ P«47 
R«e. 72,028, 76,075, 76,630. af>4 S6,%8 ( lOSO); 
4^ 4^*4r Reg. 3,rW« (4-W^ +? Pe4T Regr *3rM4 
(1982); 4» j:e4.Reer^,»44aft4 J4U44 (19 8 3); 
4^Pe4T Regr 10,500 (198'1); aft4 ^ P€4t Regr 
644- aH4 18, 3 7 . 1 (1985); aft4 ^ 4ie4r Regr 
16,113, 25,170, aft4 25,171 (1986): [4» be ee4<- 
6e4» 4tt Qbft W^^m (Subpart &^ 4^ i^e4. 
Regr 76,075. 76,630, aft4 86,968; 44 t^e4T Regr 
a,^4« (1981); U ¥^^ Reg. 4t^W4 (1982); a«4 
4^ Ji^4, Regr 11,230 te 11,231 (+» be oodifi u d 
» 40 in accordance with G.S. 15QB -_ 14(c'). 

Statutory Authority G.S. l30A-294(c). 



.0028 RLLEMAKING I'KTITIONS: DELISTING: 
EQIJIV MElIIOnS: PART 260 

(b) The provisions for "Petitions for 
Equivalent Testing or /\nal>lical Methods" 
[oodifiod in 40 CFR 260.21 have been adopted 
by reference as amandod by- 4^ Fod. R e g. 
17,391 (1981). in accordance with G.S. 
150B- 14(c). 

(c) The provisions for "Petitions to 
/\mend Part 261 to Exclude a Waste Produced 
at a Particular Facility" [codifi e d in 40 CFR 
260.22 ha\'e been adopted by reference as 
amended by ^ ^^eOr Regr 28.712 ami 28,7 - 13 
(1985). in accordance with (i.S. i50B-14(c). 

(d) Ihe provisions lor "variances from 
classification as a solid waste, standards and 
criteria for variance from classification as a 
solid waste, variance to be classified as a boiler, 
procedures for variances from classification as 
a solid waste or to be classified as a boiler" 
contained m m 4-e4. Regr 64+t ^^ m^ 1 1.210 
fK«^ [te be codified as 40 CFR 260.30 to 
260.33 (Subpart C) have been adopted by ref- 

f» f-fl f-l < ■• £» ■-» ■-■ ■» J*-\ . u-1 . J . 1 / < \-^\ ! ^ I 1 L^ . 1/ 1 U Ji. ■ f V I A I -I ri J 1 

v.lv.tl\^\. Li. J LLl 1 I L.' I 1 U \J\J y' y LT^T I WTJ . 1 V L. L - TJ' ' , 1 I i_ CrTTTT 

2 8 ,713 (1985) in " accordance " with G.S. 
150B- 14(c). 

(e) The provisions for "additional regu- 
lation of certain hazardous waste recycling ac- 
tivities on a case-by-case basis, procedures for 
case-by-case regulation of hazardous waste re- 
cycling acti\'itics" contained in -^ -J-^et^T R e g 
64H 662t aft4 64* (1985) fte be coditiud as 40 
CFR 260.40 to 260.41 have been adopted by 
reference in accordance with G.S. 150B- 14(c). 

Statulorj' Authority G.S. /30A-294(c). 

.0029 IHENTIFICATION AM) ! ISTING Ol 
HAZARDOUS WASTES - PARI 261 

(a) 44*e general provir . ionri ee«4TH«e4 ift 
4^ ft?4T Regr 33,119 ^ 33,121 f+OWi \^ be 
codified m -W G-f^r ^4+r4- te 244-4 f^;«4*fKH4 



A^ bave boon a do p t ed by roferenoo as 
amendod by 4^ Pedr Regr 72,028, 72,037, 
74t430t 76,623, 76,621, a«4 ^f^^r&U (1980); 44 
¥^4r Refr 56,588, 56,589, 17,129, 11,972, aR4 
44,0?^ (1981); 4« Pedr Reg. 3t^^ 11,293, 
11,291, a»4 5O7W4 (+9S*H 49 Pe4r Regr 
33-0^ aH4 11,980 (1984); aH4 ^ J-e4. Reg. 
44^ 444, ^^ IjiiOO^ 11.219, 2 8 ,713, 28,711, 
40730^7 19,203, aft4 3 3 ,512 (19 8 5 ); an4 &i- f^etk 
Reg, 10,171, - 10,115, 25,172, 2 8 ,6 8 2, 40,636, 
aft4 10,637 (1986); aR4 « i^^^ Reg. 11,821 
(19 8 7). The general provisions contained in 
40 CFR 261.1 to 261.6 (Subpart A) have been 
adopted by reference in accordance with G.S. 
150B- 14(c). 

(b) The provisions for "Residues of 
Hazardous Waste in Empty Containers" con- 
tamed in 4^ Pe4. Reg. 7 8 ,529 (1980) [4o be 
codified » 40 CFR 261.7 (Subpart A) has have 
been adopted by reference as amended by 4^ 
Pe4. Reg. 36,097 (1982); 4« Pe4. Reg. 1 {,291 
(1983); ^t^e4. Reg. 4t909 ( 19 8 5); aft4 ^ Pe4. 
Reg, 40,637 (494^ in accordance with G.S. 
1 SOB- 14(c). 

(c) The "Criteria for Identifying the 
Characteristics of Hazardous Wastes and for 
Listing Hazardous Wastes" contained Ln 44 
Pe4. Reg. 33,121 (10 8 0) [ to be codified ift 40 
CFR 261.10 and 261.1 1 (Subpart B) have been 
adopted by reference in accordance with G.S. 
150B- 14(c). 

(d) The "Characteristics of Hazardous 
Wastes" contained in 44 ft»4. Reg. 33,121 aft4 
iO^i^ (19 S 0)[ te be 6e4ifte4 ift 40 CFR 261.20 
to 261.24 (Subpart C) have been adopted by 
reference as amondo d by 44 Fed. Reg. 72,032 
(1 98 ) aft4 44 Pe4. R«g^ 35,217 (1981); afi4 4* 
Pe4. Reg. 11.291 (1983). in accordance with 
G.S. 150B- 14(c). 

Statutory Authority G.S. l30A-294(c). 



.0030 STANDARDS FOR HAZARDOUS WASTE 
GENERATORS - PART 262 

(a) 44*e general pro\ic . ion!i contained i» 
44 ^^€4. Reg. 54t445 a{*4 33,113 (1980) [to be 
e odifi e d ift 40 G*-R 34574a to 262.12 (Subpart 
A)\ baye been adopted by reference as 
amendod by 44 ft»4. Reg. 8 6>70 (1980) afi4 
45: Pe4. Reg. 4t344- (4» » 3 - ) aft4 48 Pe4. Reg. 
447JQ4 {^t^mrf; aH4 44- 4^e4. Reg. 10,637 (198 6 ) . 
The general provisions contained in 40 CFR 
262.10 to 262.12 (Subpart A} have been 
adopted by reference in accordance with Cj.S. 
150B- 14(c). 

(b) 44^ provif t ions fef "Manifo -. to" con 
teifte4 ift 4^ 4ie4r Reg. 33,113 (1980) [to be 
codified m 40 GF-R 262.20 to 262.23 (Subpart 



NORTH CAROLINA REGISTER 



704 



PROPOSED RULES 



&)} hav (* boon adopt e d hy- ruforonoo as 
amend e d h^ 44 Pe4r Regr 86,073 (1980): aft4 
4i) ^letk Regr 10,500 (198;1); aft4 54- ;ie4. R«gr 
10,175 (1986). The provisons for "Manifests" 
contained in 40 CI-R 262.20 to 262.23 (Sub- 
part B) have been adopted by reference in ac- 
cordance with G.S. 15()B-14(c). 

(c) "Pro Tran - jport Roquiromonts" con 
teHw4 » 4a Ped. Reg. 33. M3, aft4 33, Ml 
f+iigO) t4e be codiiled » 40 G**- 362.30 t«. 
262.31 (Subpart G^ havo boon adopted by Fef- 
oronco a* am e nd e d by 44 Fed. R e g. 76,626 
(1980); 40- Pe4r Regr 4^44 (1982); 4« Pe4r 
R^fr M,291 (1983); 49 j^edr feegr ■ 19,571, aft4 
19.572 (1981); aH4 44 P«4. Regr 10,175, 
10,176, »ft4 25, ■ 172 (1986). "Pre-Transport 
Requirements" contained in 40 CFR 262.30 
to 262.34 (Subpart C) have been adopted by 
reference in accordance with G.S. 1 SOB- 14(c). 

(d) 44*# pro>ic i iono fof "Rocordkeoptng 
aft4 Reporting" contained m 44 Fed. Regr 
33. 1 1 1 ( l'JS;0) i^ be. codified a» 40 &f^ 262. ^ 10 
te 262. M (Subpart ©f}; have boon adopted by 
r e fer e nc e a* amended by 4S Fed. R.eg. 3,981, 
^,^1^3- l , i.29 ^ 1 (1983); 40 Pe4r RegT 28,7 ^ 16 
(1985); aft4 44 Pe4r Regr 10,176 aft4 28,682 
(1986). e .\c e pt Aat- 40 Gf-R 262..1Q » He* 
adopted by referonco. The provisons for 
"Recordkeeping and Reporting" contained in 
40 CFR 262.40 to 262.44 (Subpart D^ have 
been adopted bv reference in accordance with 
G.S. 15nB- 14(c), except that 40 CFR 262.40 
is not adopted bv reference. 

(1) Fhe following shall be substituted for 
the provisions of 40 CFR 262.40 which 
were not adopted by reference: 
"262.40 Recordkeeping. 

(a) A generator must keep a copy of each 
manifest signed in accordance with 
Section 262.23(a) for three years or un- 
til he receives a signed copy from the 
designated facility which received the 
waste. This signed copy must be re- 
tained as a record for at least three years 
from the date the waste was accepted 
by the initi;d transporter. 

(b) A generator must keep a copy of each 
Biennial Report and Exception Report 
for a period of at least three years from 
the due date of the report. 

(c) A generator must keep records of any 
test results, waste analyses, or other de- 
terminations made in accordance with 
Section 262. 1 1 for at least three years 
from the date that the waste was last 
sent to on-site or off-site treatment, 
storage, or disposal. 



(d) The periods or retention referred to 
in this Section are extended automat- 
ically during the course of any unre- 
solved enforcement action regarding the 
regulated activity or as requested by the 
administrator. 

(e) A generator must keep records and 
results of inspections as required by 
Section 262.34 for at least three years 
from the date of the inspection." 

(e) Tfee provioions fof "Special 
Conditions" contained ift 44 Fed. R.eg. 33, FM 
(4080) fte be codified ift 40 €** 543^40 aft4 
362.58 (Subpart &}} hav e been adopted by Fef- 
orenco a* amended by 44 F e d. Pieg. 78,539 
(40^ afi4 4« Pe4r feegr 11,391, 13,037, aft4 
Um^ (1983); 40 Pe4. Regr 40t400 (1981); 40 
Pe4r fteg. 38,716 (1985); aft4 44 ¥^4r ftegr 
38,683 to 38,681 (1986). The provisons for 
"Special Conditions" contained in 40 CFR 
262.50 and 262.58 (Subpart E} have been 
adopted by reference in accordance with G.S. 
150B-14(c). 

(f) "Imports of Hazardous Waste" pro- 
visions contained in 44 Fed. Reg. 28,681 afi4 
38,685 f4084) [to be codified » 40 CFR 262.60 
to 262.69 (Subpart F) have been adopted by 
reference in accordance with G.S. 150B- 14(c). 

(g) "Farmers" provisions contained in 44 
Pedr ftegr 28.685 ( 1986) [to be codified t» 40 
CFR 262.70 to 262.79 (Subpart G) have been 
adopted h^ reference in accordance with G.S. 
1 SOB- 14(c). 

(h) 44ie appendix contained ift 44 Fed. 
Reg. 33,115 to 33,118 (1980) bas beeft adopt e d 

fiag^ aft4 40 Fe4. Reg. 10,500 to 10,506 
(1981); aft4 40 Pe4. Reg. 28,711, 28,715, 
38,7 ^ 16 (1985): aft4 4j- Pe4. Reg. 38,685, 35,192 
to 35,191 (1986). The appendix contained in 
40 CFR 262 has been adopted bv reference in 
accordance with G.S. 150B- 14(c). 

Siatulon-' Authority G.S. / 30.4- 294(c). 

.0031 ST.\NDARDS FOR FIAZ.\RDOUS WASTE 
TRANSPORTERS - PART 263 

(a) The general provisions contained in 
44 fL^ ft^e, 33,151 (1980) [to be codified ift 
40 CFR 263.10 and 263.11 (Subpart A) have 
been adopted bv reference in accordance with 
G.S. 1 SOB- 14(c)". 

(b) The provisions for transfer facility 
requirements contained in 44 Fed. Reg. 86,968 
(^Jim^ ^ be codified tft 40 CFR 263.12 (Sub- 
part A) have been adopted by reference as 
amended by 4* Pedr Reg. 11,291 f40Oi afi4 



705 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



^ Pe4r R«gr 10,637 (1986). in accordance 
withG.S. 1 SOB- 14(c). 

(c) The provisions for "Compliance With 
the Manifest System and Recordkeeping" 
contained in 4# Fed. Rog. 33,151 aR4 33,153 
(40*0) (t«. b» codifiod i» 40 CFR 263.20 to 
263.22 (Subpart B) have been adopted by ref- 
erence as amend e d by 44 F«4t Reg. 86, 973, and 
84t9;^ (1980); m*4 ^ Pe4T R«gr 10,176 aB4 
2 8 ,6 8 5 (19 8 6). in accordance with G.S. 
150B-14(c). 

(d) The provisions for "Hazardous Waste 
Discharges" contained in 44 F e d. Rog. 33,152 
fW^ fte be codifiod i» 40 CFR 263.30 and 
263.31 (Subpart C) have been adopted by ref- 
erence in accordance with G.S. 150B-14(c). 

Statutory Authority G.S. l30A-294(c). 

.0033 INTERIM STATUS STANDARDS FOR 
HVVMF'S - PART 265 

(b) "General Facility Standards" con- 
tained in 44 Pe4r Regr ^*;3W te i^^O^ (4^*0) 
{4e. be codifiod m 40 CFR 265.10 to 265.18 
(Subpart B) have been adopted by reference 
as amended by 4* Fe4T 9^ M.295 (1983); 
aft4 ^ Pe4r ftegr 18,37 . 1 aft4 38,7.19 (1985); 
aft4 44- Fe4. fteg. 35,178, 24r4;i9 aft4 40,4^ 
(1986). in accordance with G.S. 1 SOB- 14(c). 

(j) The provisions for " lanks" contained 
in 44 Pe4. R^jgr 33, 2M aR4 33,315 (1980) [to 
b« codified » 40 CFR 265.190 to 265.201 
(Subpart J) have been adopted by reference as 
an-iondod by 44 Pe4. Reg. 3r*94 aft4 35.3 . 19 
(19 8 1); aft4 44 Pe4r R^gr 35,'17 8 to 35. . 185 aR4 
35,179 to 35, . 181 (19 8 6), e xcept that- 40 GF* 
365.191 is Het adopted by roforonco. in ac- 
cordance with G.S. 1 SOB- 14(c). 

(4^ 44*e foUowtng shall be substitut e d fo* 
Ae provisions ef 40 €4* 365.19.1 
which "ivefe He4- adopt e d by referenc e . 
"365.19'1 Inspections. 
(a) the owner ef operator ef a tanlc must 
insp e ct, wher e present: 
f+^ discharge control equipment (e.g., 
waste fee4 out off oystomo, by pass 
systems, aft4 drainage systems), at- 
least once e ach op e rating dayr to e«- 
stife tfeat- i* is ift good worlcing ord e r; 
f3^ data gathered from monitoring 
e quipment (e.g., pressure ss^A t e m 
peraturo gaug e s), at- least once eaeb 
operating dayr to ensure \ktsA the taajt 
is being operated according to its de- 

\.^ I TTTV TWT^TT C7T TTTI^T^ ITT LIIU VCtTTTT^ VCT 

least once eaeb operating day^ to eft- 



sure compliancQ with Section 
265.193(0); 
(4} tfee construction materials »f tbe 

sie» Bf loalcing &f fixturoo ef ooamo; 

(4) tke construction matoriolo ely aH4 
tb» area immediately surrounding 
discharg e confinement structures 
(e.g., diltoc), at least weeidyr to d e tect 
e rosion ef obvious signs ©f leakage 
(e.g., wet spots ©f dead vegetation). 
(fe) a teg el inspootiono must be kept fef 

^4 ^^^^^^ ^^^^^^ ^^^^^jo t^-fn-v-i tlj^i /H >-»♦ 1-1 j-vf 4 1-« ■-> 

inspection. 

[Comment: As r e quired by Section 
265.15(c), the owner e* operator must 
remedy a»y deterioration ep molfuno 
t*e» be fmds." 

Statutory Authority G.S. l30A-294(c). 

.0034 INTERIM STATUS STANDARDS FOR 
PERMITTING - PART 270 

(a) The following provisions for permit- 
ting requirements contained in 4^ Fei- Rog. 
11,338 to 11,333, 30,1 13, afi4 30.1 M f4^>^ [to 
be codified » 40 CFR 270 (Subpart A, Gen- 
eral Information) have been adopted by refer- 
ence as am e nd e d by 48 Fed. Rog. 39,633 
(1983); 4^ Fe4. R«g. 17,391 (1981); ^ Fe4r 
R«g, 4*,*:?4 (1985); aft4 44 Fedr Reg. ¥^r^^4, 
(1986). in accordance with G.S. 1 SOB- 14(c). 

(1) 40 CFR 270.1. Purpose and Scope of 
these Regulations; 

(2) 40 CFR 270.2, Definitions; 

(3) 40 CFR 270.3, Consideration Under 
Federal Law; 

(4) 40 CFR 270.4. Effect of a Permit; 

(5) 40 CFR 270.5. Non-compliance and 
Program Reporting by the Director; 

(6) 40 CFR 270.6, References. 

(c) The following provisions for addi- 
tional permitting requirements contained in 48 
f-^ed. Reg. 11,211 to 11,213 aft4 30.111 (49^ 
te be added [to be codifi e d ift 40 CFR 270 
(Subpart C, Permit Conditions) have been 
adopted by reference as amended by 4^ Fed. 
fteg, ^^7633 (1983); 40 Fedr Regr i^r^^Si 
(1985); aftd 4}- Fedr Regr 35,186 aftd 10.653 
(1986). in accordance with G.S. 1 SOB- 14(c). 

(1) 40 CFR 270.30, Conditions AppUcable 
to all Permits; 

(2) 40 CFR 270.31, Requirements for Re- 
cording and Reporting of Monitoring 
Resuhs; 

(3) 40 CFR 270.32. Establishing Permit 
Conditions; and 



NORTH CAROLINA REGISTER 



706 



PROPOSED RULES 



(4) 40 CI'R 270.33, Schedules of Compli- 
ance. 

(d) The following provisions for addi- 
tional permitting requirements contained in 4^ 
^■H>tJTj4gT 11,213 te M.2 ' 15 afl4 30,111 (1983) 
fte- h% codifiL'd » 40 CT-R 270 (Subpart D, 
Changes to Permit) have been adopted by ref- 
erence a* ainondod by -^ Fud Rog. 28,752 
(1Q85); aH4 ^4- F^!4t R*^ 16.15 8 . 16.150 aH4 
10.653 (1986). in accordance with G.S. 
150B- 14(c). 

( 1 ) 40 CFR 270.40, Transfer of Permits; 

(2) 40 CFR 270.41, Major Modification or 
Revocation and Reissuance of Permits; 

(3) 40 CFR 270.42, Minor Modifications 
of Permits: and 

(4) 40 CFR 270.43, Termination of Per- 
mits. 

(e) The following provisions for addi- 
tional permitting requirements contained in 4S 
Pe4r R«g. 11,215 (1983) te be a44e4 [te b« 
codifi ij d m 40 CFR 270 (Subpart E, Expiration 
and Continuation of Permits) have been 
adopted by reference ae amended b¥ 4S Fed. 
Res. 39,622 (1083); aft4 ^ Pe4. Ree. 28,752 
(1985). m accordance with G.S. 150B- 14(c). 

(1) 40 CFR 270.50, Duration of Permits; 
and 

(2) 40 CFR 270.51, Continuation of Ex- 
piring Permits. 

(f) The foUovving provisions for addi- 
tional permitting requirements contained in 48 
^e4r Reer 11.215 to 11.218 aft4 30.111 (1983) 
te. be a44e4 [to be oodifii-d » 40 CFR 270 
(Subpart F, Special Forms of Permits) have 
been adopted bv reference a* amL ' ndod b¥ -^ 
Pe4r Regr 28.7.S2 aft4 28,753 (1985). in ac^ 
cordance with CiS. 150B-14(c). 



(1 

(2) 

(3) 

(4) 



(5) 



40 CFR 270.60, Permit bv Rule; 
40 CFR 270.61, Fmcreencv Permits; 

40 CFR 270.62, Hazardous Waste 
Incinerator Permits; 

40 CFR 270.63, Permits for Land 
Treatment Demonstrations using Field 
Test or Laboratory Analvsis; 
40 CFR 270.65 Research and develop- 
ment and demonstration permits; 
(g) The following provisions for addi- 
tional permitting requirements contained in 48 
Pe4r Regr 11.218 (1983) fto be codifiod m 40 
CFR 270 (Subpart G. Intenm Status) have 
been adopted by reference as amondod by- 49 
p^ R^g, 17,718 (1981): ^^^.^R^HiT 28,753 
(1985): M*4 ^ i^e4. Reg. 16.159, »h4 25.1 8 6 
(1986). m accordance with G.S. 150B- 14(c). 
However, the date "November 8. 19S5" con- 
tained in 40 CFR 270.73(c) shaU be deleted 
and replaced with the date "Januar>' 1, 1986". 



(1) 40 CFR 270.70, Qualifying for Interim 
Status; 

(2) 40 CFR 270.71, Operation during In- 
terim Status; 

(3) 40 CFR 270.72, Changes during Interim 
Status; and 

(4) 40 CFR 270.73, Termination of Interim 
Status. 

(h) Permitting requirements concerning 
operating record of other facilities. 

(1) An applicant applying for a permit for 
a new hazardous waste facility shall 
submit a disclosure statement to the 
department as a part of the application 
for a permit or any time thereafter 
specified by the department. The dis- 
closure statement shall be supported by 
an affidavit attesting to the truth and 
completeness of the facts asserted in the 
statment and shaU include: 

(A) A brief description of the form of the 
business (e.g. partnership, sole 
proprietorship, corporation, associ- 
ation, or other); 

(B) The name and address of any haz- 
ardous waste facility constructed or op- 
erated after October 21, 1976 by the 
applicant or any parent or subsidiary 
corporation if the applicant is a corpo- 
ration; 

(C) A list identifying any legal action 
taken against any facility identified in 
(h)(1)(B) of this Rule involving: 

(i) any administrative ruling or order 
issued by any state, federal or local 
authority relating to revocation of 
any environmental or waste manage- 
ment permit or license, or to a vio- 
lation of any state or federal statute 
or local ordinance relating to waste 
management or environmental pro- 
tection; 
(ii) any judicial determination of li- 
ability or conviction under any state 
or federal law or local ordinance re- 
lating to waste management or envi- 
ronmental protection; and 
(ill) any pending administrative or ju- 
dicial proceeding of the type de- 
scribed in this Part. 

(D) The identification of each action de- 
scribed in (h)(l)(C)of this Rule shaU 
include the name and location of the 
facility that the action concerns, the 
agency or court that heard or is hearing 
the matter, the title, docket or case 
number, and the status of the proceed- 
ing. 



707 



NORTH CAROLINA REGLSTER 



PROPOSED RULES 



(2) In addition to the information set forth 
in Subparagraph (h)(1) of this Rule, the 
department may require from any ap- 
plicant such additional information as 
it deems necessary to satisfy the re- 
quirements of G.S. 130A-291 and 
130A-294. Such information may in- 
clude, but shall not be limited to: 

(A) The names, addresses, and titles of 
all officers, directors, or partners of the 
applicant and of any parent or subsid- 
iary corporation if the applicant is a 
corporation; 

(B) The name and address of any com- 
pany in the field of hazardous waste 
management in which the applicant 
business or any of its officers, directors, 
or partners, hold an equity interest and 
the name of the officer, director, or 
partner holding such interest; 

(C) A copy of any administrative ruling 
or order and of any judicial determi- 
nation of Uability or conviction de- 
scribed in (h)(1)(C) of this Rule, and a 
description of any pending administra- 
tive or judicial proceeding in that item. 

(3) The department may waive the require- 
ment to submit any part or parts of the 
disclosure statement if it fmds that sub- 
mission of such information is not nec- 
essary' to satisfy the requirements of 
G.S. 130A-291 and 130A-294. 

Statutory Authority G.S. l30A-294(c); 
I30A-295 (a) (I) (2). 

.0035 PERMITTING PROCEDL RES - PART 124 

The following decision-making require- 
ments for permits contained in 4^ ¥^^ Rog. 
i^A^ te Uf^!^ {Vm^ \f^ be codifiod « 40 
CFR 124 (Subpart A) have been adopted by 
reference as amondud fey 44 Fod. Rog. 36,706 
(1981); 4^ PedrR^gr 30.1 15 aH4 39,620 (1083); 
aft4 4^ Pe4r R^ \Q-;U% aftd \Q-^n^ (1981). 
in accordance with G.S. 1 SOB- 14(c). 

(1) 40 CI'R 124.1, Purpose and Scope; 

(2) 40 CFR 124.2, Definitions (as modified 
m Rule .0002 of this Subchapter); 

(3) 40 CFR 124.3, AppHcation for a Permit; 

(4) 40 CFR 124.5, Modification, Revoca- 
tion and Re-issuance, or Termination of 
Permits; 

(5) 40 CFR 124.6, Draft Permits; 

(6) 40 CFR 124.7, Statement of Basis; 

(7) 40 CFR 124.8, Fact Sheet; 

(8) 40 CFR 124.9, Administrative Record 
for Draft Permits When EPA is the Per- 
mitting Authority; 



(9) 40 CFR 124.10, Public Notice Of Permit 
Actions and Public Comment Period; 

(10) 40 CFR 124.1 1, Public Comments And 
Requests For Public Hearings; 

(11) 40 CFR 124.12, Public Hearings; 

(12) 40 CFR 124.13, Obligation to Raise Is- 
sues and Provide Information During the 
Public Comment Period; 

(13) 40 CFR 124.14, Reopening of the 
Public Comment Period; 

(14) 40 CFR 124.15, Issuance and Effective 
Date of Permit; 

(15) 40 CFR 124.16, Stays of Contested 
Permit Conditions; 

(16) 40 CFR 124.17, Response to Com- 
ments; 

(17) 40 CFR 124.18, Administrative Record 
for Final Permit When EPA is the Per- 
mitting Authority; 

(18) 40 CFR 124.19, Appeal of RCRA.UIC 
and PSD Permits; and 

(19) 40 CFR 124.20 Computation of Time. 

Statutory Authority G.S. l30A-294(c). 

.0039 RECYCLABLE MATERIALS - PART 266 

(b) The following provisions for "Haz- 
ardous Waste Bumed for Energy Recovery" 
contamed in m ¥^^ Regr 64? (1985) [te fee 
oodifiud i» 40 CFR 266.30 to 266.36 (Subpart 
D) ha\e been adopted by reference as amondod 
fey m Pe4r Regr H, 220, "28,751, 33.513, 19,201, 
aft4 19,205 (1985); afi4 ^ Pe4r Regr 11.821 
(1987). in accordance with G.S. 1 SOB- 14(c). 

(c) The following provision for "Used 

Oil Bumed for Energy Recovery" contained in 
.Sa x:„A D^„ in -)n; -in ~ic\(^ „„A .in on-? / inog\ 

[te fee oodifiod » 40 CFR 266.40 to 266.44 
(Subpart E) have been adopted by reference 
as amended m ^ Pe4T Reg. 1 1, 8 22 (19 8 7). in 
accordance with G.S. ISQB- 14(c). 

(d) The following provision for 
Recyclable Materials Utilized for Precious 
Metal Recovery contained in 50 Fod. Reg. 44? 
(4XJ^ [to fee codifiod m 40 CFR 266.70 (Sub- 
part F) have been adopted by reference in ac- 
cordance with G.S. 1 SOB- 14(c). 

(e) The foUowLng provisions for Spent 
Lead-Acid Batteries being reclaimed contained 

in SJiX ^"'^ X} r^r, cc-i ^^A ^(.O /ino':\ U^ ta 

LI 1 — ' \J I l_^J ■ I VV.^. \J\J f UlIU ^T^Tj \ T ~\J\J J I x\J \J\J 

codifi e d t» 40 CFR 266.80 (Subpart G) have 
been adopted by reference ae amended fey §0 
Pedr R. e g. 33,513 (1985). in accordance with 
G.S. 150B-14(c). 

Statutory Authority G.S. l30A-294(c). 

.0040 PUBLIC INFORMATION - PART 2 



NORTH CAROLINA REGISTER 



708 



PROPOSED RULES 



(a) I he following provision concerning 
requests for information [uodifiL ' d in 40 CFR 
2.100 to 2.120 (Subpart A) have been adopted 
by reference in accordance with G.S. 
150B- 14(c). 

(b) rhe following provision concerning 
confidentiality of business information 
[codified in 40 CFR 2.201 to 2.309 (Subpart 
B) have been adopted by reference in accord- 
ance with G.S. 1 SOB- 14(c). 

Slatutoty Auihority G.S. l30A-294(c). 

.0041 KKQLIRKMENTS: HAZARDOLS WASTE 
PROGRAM -PART 271 

The following provisions for the "sharing 
of information" f4e be codified in 40 CFR 
271.17 have been adopted by reference ae 
amended by #0 1^*4. R«gr 3*^^ (4^«l^ aft4 
44- iieOr R«^ 10,176 ami 25, 186 (19 8 6). in 
accordance with G.S. 150B-14(c). 

Statutory Authority G.S. l30A-294(c). 

.0042 LAND DISPOSAL RESTRICTIONS 
- PAR I 268 

(a) The "General" provisions contained 
in »4. ;;e4- fe^ ' 10,638 to ' 10. 6 ^ 1 1 (1086) ^h^ 
codil'ied m 40''CFR 268.1 to 268.7 (Subpart 
A) have been adopted by reference in accord- 
ance with G.S. 150R- 14(c). 

(b) The "Prohibitions on Land 
Disposal" provisions contained in -54- Fed. 
RegT ■ 10.641 to ' 10,6 ' 12 (H, i 86) ^to be codified m 
40 CFR 268.30 to 268.31 268.32 (Subpart C) 
have been adopted by reference in accordance 
with G.S. 150B- 14(c). 

(c) The "Treatment Standards" pro- 
visions contained in -§4- I'od. Reg. '10,613 
(1086) [to be codified » 40 CFR 268.40 to 
268.44 (Subpart D) have been adopted by ref- 
erence in accordance with G.S. 1 SOB- 14(c). 

(d) The "Prohibitions on Storage" pro- 
visions contained in -54- Fed. P^eg. ' 10,6 ' 13 afi4 
'10,6 ' 13 {Vm^ [*«■ t^ codified m 40 CFR 268. SO 
(Subpart F.) have been adopted by reference in 
accordance with G.S. 1 SOB- 14(c). 

(e) Appendices I and 14 I_n contained in 
sj, ii^4, fe>^ . 1Q,6 ' 13 to ■ 10,653 (19 8 6) 40 CFR 
268 have been adopted by reference in accord- 
ance with G.S. 150B- 14(c). 

Statutory Authority G.S. l30A-294(c). 

SUBCILVPIER lOG -SOLID WASTE 
MANAGEMENT 



SECTION .0800 - INACTIVE HAZARDOUS 

SUBSTANCES AND WASTE DISPOSAL 

SITES 

.0801 NOTIFICATION REQUIREMENTS 

(a) Each owner, operator, or responsible 
party shall submit, on a form provided by the 
Division of Health Services, to the division 
relevant site data known and readily available 
for each inactive hazardous substance or waste 
disposal site. Relevant site data includes, but 
is not limited to, the following: 

(1) Site name and location; 

(2) Type of operation; 

(3) Length of operation; 

(4) Environmental permits; 

(5) Known or suspected releases of haz- 
ardous substances or wastes; 

(6) Characteristics of hazardous substances 
or wastes used or deposited on-site; 

(7) Hazardous substance or waste disposal 
and storage methods; 

(8) Hazardous substance or waste quanti- 
ties; 

(9) Accessibility of the site to public access; 

(10) Remedial actions which have been 
previously undertaken or are currently 
being undertaken; 

(11) Monitoring data; and 

(12) Other relevant data. 

(b) Notification is required by March 30, 
1988 except in the case of sites discovered after 
March 30, 1988 in which event notification is 
required not later than 90 days after discovery 
thereof 

Statutory Authority G.S. I30A-3I0 through 
130-310.12. 

.0802 PRIORITIZATION SYSTEM 

(a) The division shall review and evaluate 
site data for all inactive hazardous substance 
and waste disposal sites. If a haizardous sub- 
stance or waste is measured at levels above 
background, then evidence of the presence of 
hazardous substances and wastes exists. Evi- 
dence of a hazardous substance or waste must 
be confirmed with analytical laboratory data. 

(b) The division will prioritize all such 
sites where evidence of hazardous substance 
or waste is confinncd by analytical data. The 
division will prioritize sites based on the po- 
tential for: 

(1) Groundwater migration; 

(2) Surface water migration; 

(3) Air migration; and 

(4) Direct contact. 



709 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



A priority score for inactive hazardous sub- 
stance and waste disposal sites will be deter- 
mined by the division. 

(c) If a removal or cleanup action has 
been undertaken at the site, the site evaluation 
in Paragraph (b) of this Rule will be based on 
current site conditions. 

(d) The division will review and evaluate 
site data, but will not prioritize those sites eli- 
gible for remedial action under 
CERCLA/SARA or where a responsible 
party, who has submitted a notification of a 
site pursuant to G.S. 130A-310.1 later enters 
into an agreement with the division to take re- 
medial action pursuant to G.S. 130A-3I0.3 or 
where a voluntary cleanup plan has been ap- 
proved by the division. 

(e) The division may adjust the order of 
the priority list of sites based on site conditions 
causing actual damage or imminent danger to 
the public health or the environment. 



Statutory Authority G.S. 
I30A-3I0.I2. 



/30A-3/0 through 



.0803 NOTICE OF REMEDIAL ACTION PLAN 

(a) The public notice and summary re- 
quired by G.S. 130A-310.4 for a proposed re- 
medial action plan shall include the following: 

(1) the name and address of the Division 
of Health Services; 

(2) a brief statement explaining that the di- 
vision is responsible for reviewing and 
approving the remedial action plan; 

(3) the name, address, and phone number 
of a contact person in the division from 
whom interested parties may obtain 
additional information regarding the re- 
medial action plan; 

(4) a brief description of the site location 
and problems at the site which resulted 
in the site requiring remedial action; 

(5) a brief description of the corrective 
action proposed for the site and other 
alternatives considered in developing 
the remedial action plan; 

(6) references to applicable statutory or 
regulatory authority; 

(7) a brief description of any agreements 
reached by responsible parties to im- 
plement the remedial action plan; and 

(8) the location of copies of the proposed 
remedial action plan available for public 
inspection. 

(b) Written comments on proposed re- 
medial action plans shall be sent to the Divi- 
sion of Health Services, P.O. Box 2091, 
Raleigh, North Carolina 27602. 



(c) If the Secretary determines that, in 
addition to the notice in Paragraph (a), a pub- 
lic hearing should be held on a proposed re- 
medial action plan, a public hearing notice 
shall be issued that includes the following: 

(1) date, time, and location of the public 
hearing; 

(2) a brief description of the purpose of the 
hearing; 

(3) references to the dates of previous public 
notices or hearings on the remedial 
action plan; and 

(4) the procedures for making written or 
oral comments about the remedial 
action plan. 

(d) The division shall establish a mailing 
list to notify interested persons of the develop- 
ment of proposed remedial action plans and 
of any public meetings or hearings scheduled 
concerning proposed plans. Interested persons 
may request such notice by contacting the Di- 
vision of Health Services, P.O. Box 2091, 
Raleigh, North Carolina 27602. 

Statutory Authority G.S. I30A-3I0 through 
I30A-3I0.I2. 



i V otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Water Treatment Facility 
Operators Board of Certification intends to 
amend regulation cited as 10 NCAC JOE .0105. 

1 he proposed effective date of this action is 
May I, 1988. 

1 he public hearing will be conducted at 9:00 
a.m. on March 8, 1988 at Jane S. McKimmon 
Center, N.C. State University, Western Blvd., 
Raleigh, N.C. 

K^omment Procedures: Any person requiring 
information may contact: Mr. John C. 
McFadyen, P.O. Box 2091, Raleigh, N.C, 
27602, telephone (919) 733-0379. Written 
comments may be submitted to the above ad- 
dress 30 days prior to the public hearing. 
Written and oral comments may also be pre- 
sented at the public hearing. Notice of an oral 
presentation must be given to the above address 
at least 3 days prior to the public hearing. 

SUBCHAPTER lOE - WATER TREATMENT 
FACILITY OPERATORS 

SECTION .0100 - GENERAL POLICIES 



NORTH CAROLINA REGISTER 



710 



PROPOSED RULES 



.0105 DEFIMTIONS 

(1) "Acceptable Experience" means the ac- 
tive, daily, on-site performance of opera- 
tional duties, including water facility 
laboratory', at a water treatment facility; a 
minimum of 50 percent of the experience 
requirement must consist of these duties. 
This 50 percent minimum experience may 
be 50 percent on-site duties for 100 per- 
cent of the time period requu'cments or 
100 percent on-site duties for 50 percent 
of the time penod requirements. The 
other 50 percent may be m related fields 
such as water facihty laboratory, 
wastewater operator, wastewater labora- 
tory', or water pumping stations, or water 
system design and engineering. Related 
experience must be justihed to the board. 

Statutory Authority G.S. 90A-2I(c). 

****************** 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Department of Human 
Resources DWision of Medical Assistance in- 
tends to amend regidations cited as 10 SCAC 
26D .00/0: 26G .0302; repeal regulations cited 
as 10 S'CAC 26G .0506: .0601 - .0602. 

1 he proposed effecti\-e date of this action is 
June 1, I9SS. 

1 he public hearing will be conducted at 1:30 
p.m. on Februarys 15. I9S8 at North Carolina 
Division of Medical .-Assistance, I9S5 Unutead 
Dri\e, Room 201, Raleigh, S.C. 27603. 



a 



-omment Procedures: Written comments 
concerning these amendments and repeals must 
be submitted by Febnuvy 15. I9S8 to: Direc- 
tor. Dhnsion of Medical .Assistance. 1985 
Umstead Drhe, Raleigh, X.C. 2"60j. Oral 
comments may be presented at the hearing. In 
addition, a fiscal impact statement on these 
rules is available upon written request from the 
same address. 

CH.\PTFR 26 - MEDIC.\L SERMCES 

SLBCn.\PTER 26D - LIMIT.VTIONS ON 
.\MOLNT: DL R.\TION: .\ND SCOPE 

.0010 COORDINATION WITH TITLE Will 

(d) The entire range of benefits under Part 
B of Title Will to medicare -- eligible persons 



shall be provided through a buy-in agreement 
with the Secretary of Health Education aft4 
Welfare, and Human Sen,'ices. This agree- 
ment shall cover all persons eligible under the 
state's approved Title XIX plan. 

(fe) Tfe» stete ag e ncy sbdU fte* provid e 
DOP i 'icoG und e r Part & ef Titl e XVIII ^' ■ 'hich 
oxoood thos e pros'idod undor Ae otato'o plan; 

Statutory Authority G.S. 108A-25(b). 

SUBCH.\PTER 26G - PROGRAM INTEGRITY 

SECTION .0300 - PROVIDER ABUSE 

.0302 INVESTIGATION 

(c) The division shall review the findings, 
conclusions, and recommendations and make 
a tentative decision for disposition of the case 
from among the following administrative 
actions: 

(4^ Te impose administrativ e sanctions 
other than suspension e* termination 
from tbe M e dicaid program. 
(54 n_[ fe li«* ef seeking suspension »f tef- 
mination te To place pro\'ider on pro- 
bation with terms and conditions for 
continued participation in the program. 
^ (2} To recover in full any improper pro- 
vider payments. 
(4) (30 To negotiate a fmancial settlement 

with the provider. 
{^ (4) To impose remedial measures to in- 
clude a monitoring program of the 
provider's Medicaid practice terminat- 
ing with a "foUow-up" review to ensure 
corrective measures have been intro- 
duced. 
(4^ (_5} To issue a warning letter notifying the 
provider that he must not continue his 
aberrant practices or he will be subject 
to further di\'ision actions. 
{P^ (6] To recommend suspension or termi- 
nation and refer the case for hearing per 
contested case hearing 150B to deter- 
mine whether a suspension or termi- 
nation is warranted under pertinent 
federal and state statutes and regu- 
lations. 

.Authority G.S. 10SA-25(b); 42 C.F.R. 455.14; 
42 C.F.R. 455.15. 

SECTION .0500 - PEER REMEW 

.0506 INVESTIGATIVE CONFERENCE 
(REPEALED) 



711 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Authority G.S. J08A-25(b); 42 C.F.R. Part 
455; 42 C.F.R. Part 456. 

SECTION .0600 - HEARINGS CONCERNING 

QUESTIONS OF SUSPENSION 

OR TERMINATION 

.0601 AUTHORITY AND PURPOSE 

(REPEALED) 
.0602 ORGANIZATION AND FUNCTION 

(REPEALED) 

Statutory Authority G.S. l08A-25(b): 
I50B-II; 42 C.F.R. Part 43 J; 42 C.F.R. 455. 

•k'k-k-k-k-k-k-k-k-k-k-k-k'k-k-k-k-k 



lyotice is hereby given in accordance with G.S. 
J SOB- 1 2 that the Division of Youth Services in- 
tends to amend regulation cited as JO NCAC 
44D .0102 (f) and (g). 

1 he proposed effective date of this action is 
May I, 1988. 

1 he public hearing will be conducted at 10:00 
a.m. on February 15, 1988 at First Floor Con- 
ference Room, Dobbin Building. 705 Palmer 
Drh'e, Raleigh, N.C. 

(comment Procedures: Any interested person 
may present his/her comments either in writing 
three days prior to or at the hearing or orally 
at the hearing for a maximum of ten minutes. 
Any person may request information by writing 
or calling Jennifer .Martin, Office of Legal Af- 
fairs, 325 North Salisbury Street, Raleigh, 
North Carolina (9/9) 733-6920. In addition, 
a fiscal impact statement on this rule amend- 
ment is available upon written request from the 
same address. 

CHAPTER 44 - DIVISION OF YOUTH 
SERVICES 

SUBCHAPTER 44D - COMMUNITY BASED 
FUND 



SECTION .0100 



COMMUNITY BASED 
FUND 



.0102 PROCESS FOR COUNTY ELIGIBILITY 

(j) Effective July 1. 1988 CBA funds may 
not be used for any portion of a teaching po- 
sition in any public school system in North 
Carolina. 

(£2 F.ffcctive July 1. 1988 CDA funds may 
not be used to pay for any of the operating 



costs of any school based program that is 
mandated as part of the normal school curric- 
ulum within any public school system in 
North Carolina. 

Statutory Authority G.S. 7A-289.I4; I43B-I0. 

TITLE 12 - DEPARTMENT OF JUSTICE 

iV otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. Private Protective Ser- 
vices Board intends to adopt the regulation 
cited as 12 NCAC 7D .0111; and amend regu- 
lations cited as 12 NCAC 7D .0104; .0701; and 
.0801. 

1 he proposed effective date of this action is 
May I, 1988. 

1 he public hearing will be conducted at 12:00 
noon on February 19, 1988 at McKimmon 
Center, Western Boulevard, Raleigh, N.C. 



Co 



'Omment Procedures: File all written com- 
ments by February 10, 1988 with Jim Kirk, 
Administrator, P.O. Box 29500, Raleigh, N.C. 
27626. 

SUBCHAPTER 7D - PRIVATE PROTECTION 
SERVICES BOARD 

SECTION .0100 - ORGANIZATION AND 
GENERAL PROVISIONS 

.0104 DEFINITIONS 

In addition to the defmitions under G.S. 
Chapter 74C, the foDowing definitions shall 
apply throughout this Subchapter: 

(1) "Applicant" means any person, fu-m or 
corporation applying to the board for a 
license, trainee permit, registration or 
fu'earms trainer certificate. 

(2) "Armed Private Security Officer" means 
an individual employed, full time or part 
time, by a contract security company or a 
proprietary security organization: 

(a) who at any time wears, carries, or pos- 
sesses a firearm in the performance of 
his duties; and 

(b) whose principal duty is that of: 

(i) an armed security guard, officer, pa- 
trol, or watchman; 
(ii) an armed armored car service guard; 
(iii) a private detective; or 
(iv) an armed courier service guard. 






NORTH CAROLINA REGISTER 



712 



PROPOSED RULES 



(3) "Board" means the Private Protective 
Services Board established by G.S. Chap- 
ter 74C. 

(4) "Branch Manager or Operator" means 
the individual endowed with the responsi- 
bility and liability for a branch office. 

(5) "Branch Office" means a separate but 
dependent part of a central organization 
engaged in the business of providing pri- 
vate protective services established for the 
purpose of extending the activities of the 
central organization. The establishment 
of a telephone number or mailing address 
in the company name constitutes prima 
facie evidence of a branch office. 

(6) "Chairman" means the Chairman of the 
Private Protective Services Board. 

(7) "Contract Security Company" means 
any person, firm, association, or corpo- 
ration engaging in a private protective 
services business as defmed in G.S. 74C-3 
which provides said services on a con- 
tractual basis for a fee or other valuable 
consideration to any other person, firm, 
association, or corporation. 

(8) "Direct Supervision" means personal, 
face to face contact and direction of the 
trainee's activities on a frequent and rea- 
sonable basis. 

(9) "In\estigative Capacity" means any law 
enforcement agency position for which 
the duties include conducting investi- 
gations and interviews, completing re- 
ports, and testifying in courts or 
administrative hearings. 

(10) "Law linforcement Officer" means a 
sworn peace officer who has the power of 
arrest, and who is an employee of the 
United States, any state, or any political 
subdivision of a state. 

(11) "Licensee" means any person licensed 
to perform private protective services in 
North Carolina in accordance with G.S. 
Chapter 74C. 

(12) "Proprietary Security Organization" 
means an\ person, firm, association, cor- 
poration or department thereof: 

(a) which employs any of the following: 
(i) watchmen, 

(ii) security guards or officers, 
(iii) patrol personnel, 
(iv) iumored car personnel, or 
(v) couriers; and 

(b) which employs these persons regularly 
and exclusively as an employee in con- 
nection with the business affairs of such 
employer. 



(13) "Qualifying Agent" means the individ- 
ual licensee who is responsible for the 
private protective services business. 

(14) "Restored" means that an individual is 
no longer in need of psychiatric care as 
determined by a physician. 

(15) "Temporary unarmed security quard" 
means one who is hired for a period of 30 
days or less within a calendar year and 
who is designated as a temporary security 
guard at the start of employment. 

(16) "Agency head" means the Chairman of 
the Board. 

Statutory Authority G.S. 74C-5; 74C-II. 

.01 1 1 RLLEMAKING AND ADMINISTRATIVE 
HEARING PROCEDLRES 

The administrative procedures for 
rulemaking and hearings, codified as Title 26, 
Subchapters 2 and 3 of the North Carolina 
Administrative Code, effective August 1, 1986, 
are hereby adopted by reference to apply to 
actions of the Private Protective Services 
Board. Pursuant to G.S. 1 SOB- 14(c) this ref- 
erence shall automatically include any later 
amendments and editions to Title 26 Sub- 
chapters 2 and 3 of the North Carolina Ad- 
ministrative Code. 

Statutory Authority G.S. 74C-5; 74C-II. 

SECTION .0700 - SECURITY GUARD 
REGISTRATION (UNARMED) 

.0701 APPLICATION FOR UNARMED 

SECURITY GUARD REGISTRATION 

(a) Each employer or his designee shall 
submit and sign an application form for the 
registration of each employee to the board. 
This form shall be accompanied by: 

(1) one set of classifiable fmgerprints on an 
applicant fmgerprint card; 

(2) two recent head and shoulders color 
photographs of the applicant of accept- 
able quality for identffication, one inch 
by one inch in size; 

(3) statements of the result of a local crim- 
inal history records search by the city- 
county identification bureau or clerk of 
superior court in each county where the 
applicant has resided within the imme- 
diate preceding 60 48 months; and 

(4) the applicant's non-refundable registra- 
tion fee. 

(b) The employer of each applicant for 
registration shall give the applicant a copy of 
the application and shall retain a copy of the 



715 



NOR TH CA ROLINA R EG IS TER 



PROPOSED RULES 



application in the individual's personnel file in 
the employer's office. 

(c) The applicant's copy of the apphca- 
tion shall serve as a temporary registration card 
which shall be carried by the applicant when 
he is within the scope of his employment and 
which shall be exhibited upon the request of 
any law enforcement officer or other author- 
ized representative of the board. 

Statutory Authority G.S. 74C-5; 74C-II. 

SECTION .0800 - SECURITY OFFICER 
REGISTRATION (ARMED) 

.0801 APPLICATION FOR ARMED SECURITY 
OFFICER REGISTRATION 

(a) Each employer or his designee shall 
submit and sign an application form for the 
registration of each employee to the board. 
This form shall be accompanied by: 

(1) one set of classifiable fmgerprints on an 
applicant fmgerprint card; 

(2) two recent head and shoulders color 
photographs of the applicant of accept- 
able quality for identification, one inch 
by one inch in size; 

(3) statements of the result of a local crim- 
inal histor>' records search by the city- 
county identification bureau or clerk of 
superior court in each county where the 
applicant has resided within the imme- 
diate preceding 60 48 months; 

(4) the applicant's non-refundable registra- 
tion fee; and 

(5) a statement signed by a certified trainer 
that the apphcant has successfully 
completed the training requirements of 
12 N.C.A.C. 7D .0807. 

(b) The employer of each applicant for 
registration shall give the applicant a copy of 
the application and shall retain a copy of the 
application in the individual's personnel file in 
the employer's office. 

(c) The applicant's copy of the applica- 
tion shall serve as a temporary registration card 
which shall be carried by the applicant when 
he is within the scope of his employment and 
which shall be exhibited upon the request of 
any law enforcement officer or other author- 
ized representative of the board. 

(d) Applications submitted without 
firearms certificates shall not serve as tempo- 
rary registration cards unless the contract se- 
curity company or proprietary security 
organization has obtained prior approval from 
the administrator and provides satisfactory 



proof that the applicant has received prior 
firearms training. 

(e) The provisions of (a), (b), and (c) of 
this Rule shall also apply to any employee 
whose employment is terminated within 30 
days of employment. 

Statutory Authority G.S. 74C-5; 74C-I1. 

■k-k-k-k-kit-k-k-k-kit-ic-k-k-k-k-k-k 



1\ otice is hereby given in accordance with G.S. 
J 503- J 2 that the North Carolina Sheriffs' Edu- 
cation and Training Standards Commission in- 
tends to adopt regulations cited as 12 NCAC 
lOB .0101 - .0105: .0201 - .0203; .0301 - .0308; 
.0401 - .0408; .0501 - .0509; .0601 - .0607; 
.0701 - .0707; .0801 - .0803; .0901 - .0908; 
.1001 - .1006; .1101 - .1105; .1200 - .1900; 
.2001 - .2004; and repeal regulations cited as 
12 NCAC 10 A .0101 -.0105; .0201 - .0208; 
.0301 - .0302; .0401 - .0408; .0501 - .0503; 
.0601 - .0606; .0701 - .0705; .0801 - .0807; 
.0901 - .0903; .1001 - .1007; .1101 - .1104; 
.1201; .1301 - .1308; .1401 - .1408; .1501; 
.1601 - .1606. 

1 he proposed effective date of this action is 
May 1, 1988. 

1 he public hearing will be conducted at 9:00 
a.m. on February 25, 1988 at Hyatt Winston- 
Salem At Benton Convention Center, P.O. Box 
599, 300 West Fifth Street, Winston-Salem, 
North Carolina 27102 (Telephone No. 
919-725-1234). 

y^omment Procedures: Any person interested 
in these ndes may present oral or written com- 
ments relevant to the proposed action at the 
Public Rule Making Hearing. Written state- 
ments not presented at the hearing should be 
directed to Georgia H. Lea, Director, Sheriffs' 
Standards Division. The proposed rules are 
available for public inspection and copies may 
be obtained at the following address: Sheriffs' 
Standards Dh'ision, North Carolina Depart- 
ment of Justice, 1 West Morgan Street. Room 
30, Court of Appeals Building, P.O. Drawer 
629, Raleigh, North Carolina 27602. 

CHAPTER 10 - N.C. SHERIFFS' EDUCATION 
AND TRAINING STANDARDS COMMISSION 

SUBCHAPTER lOA - N.C. SHERIFFS' 

EDUCATION AND TRAINING STANDARDS 

(REPEALED) 



NORTH CAROLINA REGISTER 



714 



PROPOSED RULES 



SECTION .0100 - COMMISSION 
ORGANIZATION AND PROCEDURES 

.0101 LOCATION 

.0102 PLRPOSE 

.0103 DEFINITIONS 

.0104 Jl STICE OFFICERS' STANDARDS 

DIVISION 
.0105 RLLE-MAKING AND ADMINISTRATIVE 

HEARING PROCEDURES 



Statutory Authority G.S. 
I50B-II: I SOB- 1 4. 



I7E-4; I7E-2: I7E-6; 



SECTION .0200 - MINIMUM STANDARDS 

FOR EMPLOYMENT AS A DEPUTY 

SHERIFF 

.0201 MINIMUM STANDARDS FOR DEPUTY 

SHERIFFS 
.0202 DOCUMENTATION OF EDUCATIONAU 

REQUIREMENT 

Statutory Authority G.S. I7E-4; I7E-7. 

.0203 OCCLPATIONAL APTITL DE (ESC) 
TEST REQUIREMENT 

Statutoty .Authority G.S. I7E-7. 

.0204 FINGERPRINT RECORD CHECK 

.0205 MEDICAL EXAMINATION 

.0206 BACKGROUND IN\ ESTIGATION 

.0207 EMPLOYMENT INTER\ lEVV 

.0208 CRIMINAL HISTORY RECORD 

Statutory .Authority G.S. I7E-7. 

SECTION .0300 - MINIMIM STANDARDS 
FOR JUSTICE OFFICER BASIC TRAINING 

.0301 PI RPOSE 

Statutoty Authority G.S. I7E-4(a). 
.0302 JUSTICE OFFICER TRAINING 

Statutory .Authority G.S. 17E-4(a). 

SECTION .0400 - CERTIFICATION OF 
DEPUTY SHERIFFS 

.0401 CERTIFICATION OF SHERIFFS' 

DEPARIMENT PERSONNEL 
.0402 PROBAriONAR\ PERIOD 
.0403 PROBATIONAR^ CERTIFICATION 
.0404 GENERAL CERl IFICATION 
.0405 REPORT OF SEPARATION 
.0406 LATERAL TRANSFER 
.0407 \ ERIFICAIION OF RECORDS TO 

STANDARDS DIMSION 
.0408 DEPARTMEN I RETENTION OF 



CERTIFICATION RECORDS 

Statutory Authority G.S. I7E-4; I7E-7. 

SECTION .0500 - RESPONSIBILITIES OF THE 
JUSTICE OFFICERS' STANDARDS DIVISION 

.0501 ADMINISTRATION OF PROGRAMS 
.0502 DEVELOPMENT OF PROGRAMS 
.0503 DIVULGING PERSONNEL 
INFORMATION 

Statutory Authority G.S. I7E-6. 

SECTION .0600 - JUSTICE OFFICERS' 
PROFESSIONAL CERTIFICATE PROGRAM 



.0601 
.0602 
.0603 



.0605 



.0606 



PURPOSE 

GENERAL PROVISIONS 
BASIC LAW ENFORCEMENT 
CERTIFICATE 
0604 INTERMEDIATE LAW ENFORCEMENT 
CERTIFICATE 

ADVANCED LAW ENFORCEMENT 
CERTIFICATE 
HOW TO APPLY 



Statutory Authority G.S. I7E-4. 

SECTION .0700 - JUSTICE OFFICERS' 
SERVICE AWARD PROGRAM 

.0701 PURPOSE 

.0702 GENERAL PROVISIONS 

.0703 INTERMEDIATE SERVICE AWARD 

.0704 ADVANCED SERVICE AWARD 

.0705 HOW TO APPLY 

Statutory Authority G.S. I7E-4. 

SECTION .0800 - MINIMUM STANDARDS 

FOR JUSTICE OFFICER SCHOOLS AND 

TRAINING PROGRAMS OR COURSES OF 

INSTRUCTION 

.0801 PURPOSE 

Statutory Authority G.S. I7E-4. 

.0802 ADMINISTRATION OF JUSTICE 
OFFICER SCHOOLS 

Statutory Authority G.S. I7E-4. 

.0803 ADMINISTRATION OF JAILER 

CERTIFICATION COURSE 
.0804 RESPONSIBILITIES/SCHOOL 

DIRECTOR/JAILER CERT COURSE 
.0805 CERTIFICATION: SCHOOL DIRECTORS 

/JAILER CERT COURSE 
.0806 TERMS AND CONDITIONS OF SCHOOL 

DIRECTOR CERTIFICATION 
.0807 SUSPENSION: REVOCATION: DENIAL: 



715 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



SCHOOL DIRECTOR CERT 

Statutory Authority G.S. I7E-4. 

SECTION .0900 - ACCREDITATION OF 

JUSTICE OFFICER SCHOOLS AND 

TRAINING COURSES 

.0901 ACCREDITATION/JUSTICE OFFICER 
SCHOOLS/TRAINING COURSES 

.0902 ACCREDITATION: DELIVERY/JAIL 
CERTIFICATION COURSE 

.0903 REPORTS: TRAINING COURSE 

PRESENTATION AND COMPLETION 

Statutory Authority G.S. I7E-4: I7E-7. 

SECTION .1000 - MINIMUM STANDARDS 
FOR COMPLETION OF BASIC TRAINING 

.1001 TIMES REQUIREMENT FOR 
COMPLETION OF TRAINING 

Statutory Authority G.S. I7E-4; I7E-7. 

.1002 WAIVER OF COMPLETION OF 

TRAINING 
.1003 EVALUATION FOR TRAINING WAIVER 
.1004 TRAINEE ATTENDANCE 
.1005 COMPLEl ION OF BASIC TRAINING: 

LAW ENFORCEMENT COURSE 
.1006 COMPREHENSIVE WRIT! EN 

EXAMINATION: BASIC RECRUIT 

TRAINING 
.1007 SATISFACTION OF MINIMUM 

TRAINING REQUIREMENTS 

Statutory Authority G.S. 17E-4; I7E-7. 

SECTION .1 100 - MINIMUM STANDARDS 
FOR JUSTICE OFFICER INSTRUCTORS 

.1101 CERTIFICATION OF INSTRUCTORS 

Statutory Authority G.S. I7E-4. 

.1102 CERTIFICATION: INSTRUCTORS FOR 
JAILER TRAINING COURSES 

.1 103 GENERAL JAIL INSTRUCTOR 
CERTIFICATION 

.1 104 TERMS: CONDITIONS: GENERAL JAIL 
INSTRUCTOR CERTIFICATION 



Statutory Authority G.S. I7E-4. 

SECTION .1300 - MINIMUM STANDARDS 
FOR EMPLOYMENT AS A JAILER 

.1301 MINIMUM STANDARDS FOR JAILERS 
.1302 DOCUMENTATION OF EDUCATIONAL 
REQUIREMENT 

Statutory Authority G.S. I7E-4; I7E-7. 

.1303 OCCUPATIONAL APTITUDE (ESC) TEST 
REQUIREMENT 

Statutory Authority G.S. I7E-7. 

.1304 FINGERPRINT RECORD CHECK 
.1305 MEDICAL EXAMINATION 
.1306 BACKGROUND INVESTIGATION 
.1307 EMPLOYMENT INTERVIEW 
.1308 CRIMINAL HISTORY RECORD 

Statutory Authority G.S. I7E-7. 

SECTION .1400 - CERTIFICATION OF 
JAILERS 

.1401 CERTIFICATION OF SHERIFFS' 

DEPARTMENT JAILERS 
.1402 PROBATIONARY PERIOD 
.1403 PROBATIONARY CERTIFICATION 
.1404 GENERAL CERTIFICATION 
.1405 REPORT OF SEPARATION 
.1406 LATERAL TRANSFER 
.1407 VERIFICATION OF RECORDS TO 

STANDARDS DIVISION 
.1408 DEPARTMENT RETENTION OF 

CERTIFICATION RECORDS 

Statutory Authority G.S. 17E-4; I7E-7. 

SECTION .1500 - MINIMUM STANDARDS 

FOR SHERIFFS' DEPARTMENT JAILER 

TRAINING 

.1501 JUSTICE OFFICER JAILER TRAINING 

Statutory Authority G.S. l7E-4(a). 

SECTION .1600 - MINIMUM STANDARDS 
FOR COMPLETION OF JAILER TRAINING 



Statutory Authority G.S. I7E-4. 



SECTION .1200 - MINIMUM STANDARDS 

FOR ACCREDITATION ASSOCIATE OF 

APPLIED SCIENCE DEGREE PROGRAMS 

INCORPORATING BASIC LAW 

ENFORCEMENT 

.1201 ACCREDITAIION/DEGREE PROGS 

INCORPORATING BASIC LAW ENFORCE 



.1601 TIME REQUIREMENT FOR 

COMPLETION OF JAILER TRAINING 

Statutory Authority G.S. 17E-4. 

.1602 EVALUATION FOR TRAINING WAIVER 
.1603 TRAINEE ATTENDANCE 
.1604 COMPLETION OF JAILER TRAINING 
.1605 COMPREHENSIVE WRITTEN 

EXAMINATION: JAILER TRAINING 



NORTH CAROLINA REGISTER 



716 



PROPOSED RULES 



Statutory Authority G.S. I7E-4; I7E-7. 

.1606 SATISFACTION OF MINIiVIUIVI 
TRAINING REQUIREMENTS 

Statutory Authority G.S. I7E-4; I7E-7. 

SUBCHAPTER I OB - N.C. SHERIFFS' 

EDUCATION AND TRAINING STANDARDS 

COMMISSION 



SECTION .0100 - COMMISSION 
ORGANIZATION AND PROCEDURES 

.0101 LOCATION 

7he N.C. Sheriffs' Education and Train- 
ing Standards Commission is established 
within the Department of Justice and is located 
in the Court of Appeals BuUding, comer of 
Morgan and Fayetteville Streets in Raleigh, 
N. C. The mailing address is: 

North Carolina Sheriffs' Education and 
Training Standards Commission 

Post Office Drawer 629 

Raleigh, North Carolina 27602 

Telephone (919) 733-9236 

Statutory .Authority G.S. I7E. 

.0102 PURPOSE 

The purpose of the commission is not 
only to continually raise the level of compe- 
tence within the sheriffs' departments, but to 
recognize and deal with the particular educa- 
tion and training needs of sheriffs and their 
deputies and jailers by: 

(1) Establishing minimum standards for em- 
ployment and retention; 

(2) Establishing minimum standards for ed- 
ucation and training; 

(3) Promoting the planning and development 
of systematic career development pro- 
grams by providmg and encouraging ad- 
vanced or specialized training, education 
and certification; 

(4) Plarming and promoting the development 
and improvement of a comprehensive 
system of education and training in the 
administration of law enforcement; 

(5) Conducting and stimulating research and 
planning by public and private agencies, 
designed to improve education and train- 
ing in the administration of law enforce- 
ment; 

(6) Studying the recruitment, selection, edu- 
cation and training of sheriffs' department 
personnel and recommending improve- 
ments in such methods; and 



(7) Maintaining liaison among local, state 
and federal agencies with respect to North 
Carolina Sheriffs' Education and Training. 

Statutory Authority G.S. I7E-4. 

.0103 DEFINITION 

In addition to the definitions set forth in 
G.S. 17E-2, the following definitions apply 
throughout this chapter, unless the context 
clearly requires otherwise: 

(1) "Department Head" means the chief ad- 
ministrator of any criminal justice agency. 
Department head includes the sheriff or a 
designee formally appointed in writing by 
the department head. 

(2) "Division" means the Sheriffs' Standards 
Division. 

(3) "Director" means the Director of the 
Sheriffs' Standards Division of the North 
Carolina Department of Justice. 

(4) "High School" means a school accredited 
as a high school by: 

(a) the department of Board of Education 
of the state in which the high school is 
located; or 

(b) the recognized regional accrediting 
body; or 

(c) the state university of the state in which 
the high school is located. 

(5) "Enrolled" means that an individual is 
currently actively participating in an on- 
going formal presentation of a commis- 
sion-accredited basic training course 
wliich has not been concluded on the day 
probationary certification expires. 

(6) "lateral Transfer" means certification of 
a justice officer when the justice officer 
has previously held general or grandfather 
certification and has been separated by an 
agency or transferred to another agency 
and the justice officer has been separated 
from a justice officer position for no more 
than one year. 

Statutory Authority G.S. I7E-7. 

.0104 SHERIFFS' STANDARDS DIVISION 

The Sheriffs' Standards Division of the 
North Carolina Department of Justice shall 
administer such programs as are assigned to it 
by the commission including the standards set 
forth in these Rules. The division shall present 
to the commission for its adoption adminis- 
trative procedures for those programs of cer- 
tification and accreditation and may create 
appropriate forms for apphcation for and ad- 
ministration of those programs. 



717 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. I7E-6. 

.0105 ADMINISTRATIVE HEARING 
PROCEDURES 

The rules establishing procedures for con- 
tested cases adopted by the Office of Adminis- 
trative Hearings as contained in Title 26, 
Chapter 3 of the North Carolina Administra- 
tive Code are hereby adopted by reference for 
contested cases for which this agency has au- 
thority to adopt rules under G.S. 150B-38(h). 
All such adoptions by reference shall auto- 
matically include any later amendments and 
editions of the adopted matter as authorized 
by G.S. 150B- 14(c). Provided, however, that 
if the case is conducted under G.S. 150B-40(b), 
the presiding officer shall have the pxjwers and 
duties given to the Chief Administrative Law 
Judge or the presiding Administrative Law 
Judge in Title 26, Chapter 3 of the North Ca- 
rolina Administrative Code and that 26 NCAC 
3 .0001(2); .0002(a) (1); .0003(b); .0025; and 
.0026 shall not apply. 



Statutory Authority 
150B-38 (h). 



G.S. 1 SOB- 14 (a) (4); 



SECTION .0200 - RESPONSIBILITIES OF 
THE SHERIFFS' STANDARDS DIVISION 

.0201 ADMINISTRATION OF PROGRAMS 

(a) The Division shall administer all 
programs of the Commission regarding certif- 
ication and implementation of standards. 

(b) The administrative duties of the Di- 
vision include: 

(1) preparing and distributing a compila- 
tion of these Rules to persons, agencies, 
and institutions subject thereto; 

(2) creating and distributing forms to aid 
application for certification and report- 
ing of programs conducted under these 
Rules; 

(3) developing and administering compre- 
hensive examinations to provide a basis 
for the decision to certify Justice Offi- 
cers; 

(4) monitoring and evaluating the activities 
of persons, agencies, and institutions 
subject to these Rules; 

(5) providing technical assistance to agen- 
cies and institutions regarding their 
substantive and procedural responsibil- 
ities under these Rules; 

(6) investigating and reporting to the 
Commission violations of and devi- 
ations from these Rules by any person, 
agency, or institution; 



(7) maintaining records of application, 
qualification, and program reports filed 
with the Commission under these 
Rules; 

(8) collecting information relevant to the 
programs of the Commission from per- 
sons, agencies, and institutions subject 
to these Rules; 

(9) compiling and maintaining the official 
records of Commission meetings and 
acts; 

(10) transmitting notice of Commission ac- 
tions to all persons, agencies, and insti- 
tutions affected by Commission action; 

(11) divulging to authorized requesters in- 
formation in the personnel and program 
files of the Commission. 

Statutory Authority G.S. I7E-6. 

.0202 DEVELOPMENT OF PROGRAMS 

The Division shall assist the Commission 
in developing and evaluating programs for the 
improvement of North Carolina Sheriffs' de- 
partments by: 

(1) Compiling data, performing research, and 
developing reports concerning the needs 
of all sheriffs' departments; 

(2) Presenting to the Commission recomm- 
endations for the development of new 
programs and the revision of existing 
programs; 

(3) Disseminating information about Com- 
mission programs to concerned agencies 
and persons; and 

(4) Collecting comments about Commission 
programs contributed by agencies and the 
public. 

Statutory Authority G.S. I7E-6. 

.0203 DIVULGING PERSONNEL 
INFORMATION 

Information maintained in the Division's 
files concerning a Justice Officer may be in- 
spected or disclosed only as provided by law. 

Statutory Authority G.S. I7E-6. 

SECTION .0300 - MINIMUM STANDARDS 

FOR EMPLOYMENT AS A JUSTICE 

OFFICER 

.0301 MINIMUM STANDARDS FOR JUSTICE 
OFFICERS 

Every Justice Officer certified as a deputy 
sheriff or jailer in North Carolina shall: 

(1) be a citizen of the United States; 

(2) be at least 21 years of age; 



NORTH CAROLINA REGISTER 



71S 



PROPOSED RULES 



{3j be a hiah school sraduate, or the equiv- 
alent (GED); 

(4) have been fingeiprintcd by the employing 
agency; 

(5) have had a medical examination by a li- 
censed physician; 

(6) be of good moral character; 

(7) have a thorough background investi- 
gation conducted by the employing 
agency, to include a personal inter\'iew 
prior to employment; 

(8) not have been convicted of a crime or 
crimes as specified in Rule .0307. 

Statutory- Authority G.S. HE-l. 

.0302 DOClMENT.\TION OF KDL C.\T10N'AL 
REQLIKEMENT 

(aj Each applicant shall furnish docu- 
mentary evidence of high school graduation to 
the employing agency. Documentary evidence 
consists of diplomas from recognized public 
schools or approved private schools which 
meet approval guidelines of the North Caro- 
lina Department of Public Instruction or a 
comparable out of state agency. 

(b) High School diplomas earned 
through correspondence courses are not re- 
cognized toward these minimum educational 
requirements. 

(c) Documentary evidence of completion 
of the General Educational Development Test 
(GED) shall be satisfied by a certified copy of 
GED test results showing a total score of not 
less than 225 points, and a minimum score on 
any single test of 35 points. 

(d) A certified copy of a military GED 
diploma is acceptable. 

Statutory Authority G.S. I7E-4. 

.0303 FINGERPRINT RECORD CHECK 

(a) Each apphcant for certification shall 
be fmgerprinted twice using forms specified by 
the di\-ision. Both fmgcrprint cards shall be 
forwarded to the State Bureau of Investigation 
(SBI) for fmgerprint and Criminal History re- 
cords check against state and federal files. 
Upon receipt from the SBI, the employing 
agency shall retain the returned fingerprint card 
and the results of the fmgerprint and criminal 
history checks in the applicant's persoimel file. 
Upon receipt from the SBI the division shall 
retain the other returned fmgerprint card and 
the results of the fmgerprint and criminal his- 
tory records check. 

(b) Each applicant shall provide to the 
employing agency a certified copy of a check 



of the applicant's Criminal History record 
from the Clerk of Court or City-County Iden- 
tification Bureau in each county where the 
applicant has resided within the preceding six 
months. The employing agency shall perform 
a criminal history records check of the agency's 
own tiles for each applicant. A certified copy 
of the results of all required criminal history 
records checks shall be forwarded with the ap- 
pUcant's Report of Appointment form (F-4) 
or (F-4A) to the division. Additionally, a 
photocopy of the results of all required crimi- 
nal history records checks shall be retained by 
the agency in the applicant's persormel file. 

(c) Certifications issued prior to the re- 
ceipt by the division of the fmgerprint and cri- 
minal history records check of state and federal 
files, as conducted by the SBI, are conditional. 
Such conditional certifications shall automat- 
ically be terminated by the commission upon 
receipt from the SBI of a fmgerprint or crimi- 
nal history^ records check that indicates that the 
officer has been convicted of an offense as 
specified in Rule .0307. 

Statutory Authority G.S. I7E-7. 

.0304 MEDICAL EX.\MINATION 

(a) Each applicant shall complete the 
Commission's Medical History Statement 
Form (E-1) and shall be examined by a physi- 
cian or surgeon hcensed in North Carolina to 
help determine his her fitness in carrying out 
the physical requirements of the position of 
deputy sheriff or jailer. The examining physi- 
cian shall record the results of the examination 
on the examination report form (F-2). The 
physical examination shall be conducted and 
the Medical Examination Report Eorm (E-2) 
and the Medical Histon,' Statement Form 
(E-1) shall be completed within 120 days prior 
to whichever of the following occurs first: 

(1) the applicant beginning the Basic Law 
Enforcement Training Course: or 

(2) the applicant applying to the commis- 
sion for certilication. 

(b) .Although not presently required by 
these Rules, it is recommended by the com- 
mission that each candidate for the position of 
justice ofticer be examined by a licensed psy- 
chiatrist or chnical psychologist, or be admin- 
istered a psychological evaluation test battery, 
prior to employment, to determine his her 
mental and emotional suitability to perform 
the duties of justice otficer. 

Statutory Authority G.S. I7E-7. 



U9 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.0305 BACKGROUND INVESTIGATION 

(a) Prior to the background investigation 
done by the employing agency, the appUcant 
shall complete the Commission's Personal 
History Statement (F-3) to provide a basis for 
the investigation. The Personal History 
Statement (F-3) submitted to the division shall 
be completed no more than 120 days prior to: 

(1) the apphcant beginning the Basic Law 
Enforcement Training Course; or 

(2) the applicant applying to the commis- 
sion for certification. 

(b) If the Personal History Statement 
(F-3) was completed more than 120 days prior 
to the applicant applying to the commission 
for certification, the Personal History State- 
ment (F-3) shall be updated or a new Personal 
History Statement (F-3) must be completed. 

(c) The employing agency, prior to em- 
ployment, shall examine the applicant's char- 
acter traits and habits relevant to his/her 
performance as a justice officer and shall de- 
termine whether the applicant is of good moral 
character. The investigator shall summarize 
the results of the investigation on the form 
supphed by the division which shall be signed 
and dated by the investigator. 

Statutory Authority G.S. J7E-7. 

.0306 EMPLOV\lENT INTERVIEW 

(a) Prior to employment, the employing 
agency shall conduct an interview of the ap- 
plicant to determine the appUcant s abilities 
and potential for success as a justice officer. 

(b) The sheriff may conduct the interview 
personally, or he may delegate the responsibil- 
ity to a qualified staff member or panel. 

Statutory Authority G.S. J7E-7. 

.0307 CRIMINAL HISTORY RECORD 

Every justice officer employed in North 
Carolina shall not have been convicted by a 
local, state, federal or mihtary court of: 

(1) a felony, unless pardoned by the Gover- 
nor; or 

(2) a crime for which the punishment could 
have been imprisonment for more than 
two years; or 

(3) an act, or any series of acts which violate 
the laws of the State of North Carolina 
and which, in the opinion of the sheriff, 
win affect his/her abihty to act or carry 
out the office and duties of a justice offi- 
cer. 

Statutory Authority G.S. J7E-7. 



.0308 MISREPRESENTATION OF 
INFORMATION 

When any person is found to have know- 
ingly and willfully obtained, or attempted to 
obtain certification by deceit, fraud, or mis- 
representation, or when any person is found to 
have aided another in obtaining or attempting 
to obtain certification by means of deceit, fraud 
or misrepresentation, the commission shall, for 
both the principal and the person aiding the 
principal, permanently revoke or deny certif- 
ication. This Rule shall also apply to obtain- 
ing or attempting to obtain in-service firearms 
requalification as required by Section .2000. 

Statutory Authority G.S. J7E-7. 

SECTION .0400 - CERTIFICATION OF 
JUSTICE OFFICERS 

.0401 CERTIFICATION OF SHERIFFS' 
DEPARTMENT PERSONNEL 

Every person employed or appointed as a 
justice officer by a sheriff's department shall 
meet the certification requirements of this 
Section .0400. Justice officers meeting the re- 
quirements as specified in this Chapter may be 
certified as either a deputy sheriff, a jailer, or 
both. 

Statutory Authority G.S. I7E-4; I7E-7. 

.0402 PROBATIONARY CERTIFICATION 

All justice officers, except those trans- 
ferred or reinstated pursuant to Rule .0405, 
shall serve a probationary certification period 
of one year. For certification as a deputy 
sheriff the probationary period begins on the 
date the officer took the Oath of Office. For 
certification as a jailer, the probationary period 
begins on the date the officer was appointed 
as a jailer. 

Statutory Authority G.S. I7E-4; I7E-7. 

.0403 PROBATIONARY CERTIFICATION 
REQUIREMENT 

(a) For certification as a deputy sheriff, a 
Report of Appointment Deputy Sheriff (F-4) 
must be submitted to the division. For certif- 
ication as a jailer, a Report of Appointment 
Jailer (F-4A) must be submitted to the divi- 
sion. For certification as both a deputy sheriff 
and a jailer, both forms (F-4 and F-4A) must 
be submitted to the division. Report of Ap- 
pointment forms must be submitted to the di- 
vision by the sheriff's department no later than 
ten days after the deputy sheriff has taken the 



NORTH CAROLINA REGISTER 



720 



PROPOSED RULES 



Oath of Office or the jailer has been appointed. 
The division shall forward the justice officer's 
certification to the sheriff's department. 

(b) The division shall issue a probation- 
ary' certification as a deputy sheriff to a person 
who has previously served as an elected or ap- 
pointed sheriff, if the person: 

( 1 ) applies to the commission within one 
year of ceasing to serve as an elected or 
appointed sheriff"; and 

(2) meets all the probationary certification 
requirements at the time of application; 
and 

(3) has either; 

(A) previously obtained general certif- 
ication with either the North Carolina 
Sheriffs' Education and Training Stan- 
dards Commission or the North Caro- 
lina Criminal Justice Education and 
Training Standards Commission and 
was so certified and in good standing at 
the time of his election or appointment 
as sheriff; or 

(B) while serving as an elected or ap- 
pointed sheriff, did successfully com- 
plete a commission-accredited basic law 
enforcement training course which was 
then currently accredited by the com- 
mission at the time the officer com- 
pleted the course; or 

(C) while probationally certified with ei- 
ther the North Carolina Sheriffs' Edu- 
cation and Training Standards 
Commission or the North Carolina 
Criminal .lustice Education and Train- 
ing Standards Commission, did suc- 
cessfully complete a 
commission-accredited basic law en- 
forcement training course which was 
then currently approved by the com- 
mission (under which the officer was 
probationally certified) at the time the 
officer completed the course. 

Statutory Authority G.S. I7E-4; I7E-7. 

.0404 GENKR.\L CER HFICAHON 

(a) The Commission shall grant an officer 
general certification if evidence is received by 
the division that the officer has successfully 
completed the required training within the 
probationar,' period, and that the officer has 
met aU other requirements for general certif- 
ication. 

(b) General certification is continuous 
from the date of issuance if; 

(1) Ihe certified officer remains contin- 
uously employed or appointed as an 



officer in good standing with an agency 
and the certification has not been ter- 
minated for cause; or 
(2j The certified officer, having separated in 
good standing from an agency, is reem- 
ployed or reappointed as a justice offi- 
cer within one year, and the certification 
has not been terminated for cause. 

Statutory Authority G.S. I7E-4; I7E-7. 

.0405 REPORT OF SEPARATION 

An agency separating a person from em- 
ployment or appointment as a justice officer 
shall, not later than ten days after separation, 
forward to the division a completed Report of 
Separation (E-5). 

Statutory Authority G.S. 17E-4. 

.0406 LATERAL TR.ANSFER/ 
REINSTATEMENTS 

(a) An officer with general or grandfather 
certification who; 

(1) is currently certified; or 

(2) has been separated but has not been out 
of service for more than one year, may 
be appointed by an agency and certified 
upon compliance with this Rule .0406. 

(b) In order for an officer to be certified 
pursuant to this Rule .0406 there must be: 

(1) verification by the employing agency of 
the officer's certification status with the 
division; 

(2) compliance with the requirements for 
fingerprints and criminal history records 
checks as specified in Rule .0303; 

(3) compliance with the requirement for 
Medical History Statement (E-1) and 
Medical Examination Report (E-2) 
specified in Rule .0304; 

(4) compliance with the Report of Ap- 
pointment form requirement of Rule 
.0403 (a); and 

(5) submitted to the division, a copy of the 
Oath of Office for applicants requesting 
certification as a deputy sheriff. 

Statutory Authority G.S. I7E-4; I7E-7. 

.0407 \ ERIFICATION OF RECORDS TO 
DIVISION 

Prior to the certification of each justice 
officer, for the purpose of verifying compliance 
with these Rules, the employing agency shall 
submit to the division, along with the Report 
of Appointment (E-4) and/or (F-4A), copies 
of the following documents; 



721 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(1) the applicant's high school diploma or 
equivalent (GED); 

(2) certified copy of the applicant's Oath of 
Office, if applying for certification as a 
deputy sheriff; 

(3) the applicant's Medical History State- 
ment (F-1); 

(4) the applicant's Medical Examination 
Report (F-2); 

(5) the applicant's Personal History State- 
ment (F-3); and 

(6) a summary of the applicant's background 
investigation. 

Statutory Authority G.S. I7E-4; I7E-7. 

.0408 EMPLOYING AGKNCY RETENTION OF 
CERTIFICATION RECORDS 

Each employing agency shall place in the 
appropriate justice officer's personnel file the 
official notification of either probationary or 
general certification. Such files shall be avail- 
able for examination at any reasonable time 
by representatives of the commission for the 
purpose of verifying compliance w\\\v these 
Rules. Each personnel file shall also contain: 

(1) a copy of the applicant's Report of Ap- 
pointment (F-4) and/or (F-4A); 

(2) the applicant's high school diploma or 
equivalent (GED); 

(3) a certified copy of the appbcant's Oath 
of Office, if applying for certification as a 
deputy sheriff; 

(4) the results of the applicant's fingerprint 
records check and the criminal history re- 
cords check; 

(5) the applicant's Medical History State- 
ment (E-1); 

(6) the applicant's Medical Examination 
Report (E-2); 

(7) the applicant's Personal History State- 
ment (F-3); 

(8) a summary of the applicant's background 
investigation. 

Statutory Authority G.S. I7E-4. 

SECTION .0500 - MINIMUM STANDARDS 
OF TRAINING FOR DEPLTY SHERIFFS 

OSOl PURPOSE 

This Section establishes the current mini- 
mum standard by which deputy sheriffs shall 
receive basic recruit law enforcement training. 
These Rules ensure the continued standard of 
training followed previously by aU law en- 
forcement officers across the state. 



Statutory Authority G.S. l7E-4(a). 

.0502 BASIC RECRUIT LAW ENFORCEMENT 
TRAINING COURSE FOR DEPUTIES 

(a) The commission hereby adopts as its 
required minimum basic recruit law enforce- 
ment training course 425 hours of instruction 
to include the following identified topic areas 
and minimum instructional hours for each 
area: 



(1) 


Course Orientation 


2 hours 


(2) 


Constitutional Law 


4 hours 


(3) 


Laws of Arrest, Search and 






Seizure 


16 hours 


(4) 


Mechanics of Arrest; Arrest 






Procedure 


8 hours 


(5) 


Law Enforcement Communications and 




Information Systems 


4 hours 


(6) 


Elements of Criminal Law 


24 hours 


(7) 


Defensive Tactics 


16 hours 


(8) 


Juvenile Laws and Procedures 


8 hours 


(9) 


Emergency Medical Services 


24 hours 


(10) 


Firearms 


40 hours 


(11) 


Patrol Techniques 


1 6 hours 


(12) 


Crime Prevention Techniques 


4 hours 


(13) 


Field Notetaking and Report 






Writing 


12 hours 


(14) 


Mechanics of Arrest: Vehicle 






Stops 


6 hours 


(15) 


Mechanics of Arrest: Custody 






Procedures 


2 hours 


(16) 


Mechanics of Arrest: Processing 






Arrestee 


4 hours 


(17) 


Crisis Management 


10 hours 


(18) 


Deviant Behavior 


10 hours 


(19) 


Civil Disorders 


12 hours 


(20) 


Criminal Investigation 


28 hours 


(21) 


Interviews: Field and In-Custody 8 hours 


(22) 


Controlled Substances 


6 hours 


(23) 


ABC Laws and Procedures 


4 hours 


(24) 


Electrical and Hazardous Material 




Emergencies 


6 hours 


(25) 


Motor Vehicle Law 


20 hours 


(26) 


Techniques of Traffic Law 






Enforcement 


6 hours 


(27) 


Law Enforcement Driver 






Training 


1 6 hours 


(28) 


Preparing For Court and 
Testifying 






in Court 


1 2 hours 


(29) 


Dealing with Victims and 






the Public 


8 hours 


(30) 


Civil Process 


24 hours 


(31) 


Supplemental Custody 






Procedures 


8 hours 


(32) 


Physical Fitness Training 


43 hours 


(33) 


Testing 


14 hours 




TOTAL HOURS 


425 hours 



NORTH CAROLINA REGISTER 



722 



PROPOSED RULES 



(b) The "Basic Recruit Law Fnlbrcement 
Training Manual" as published by the North 
Carolina Justice Academy is hereby adopted 
by reference, and shall automatically include 
any later amendments and editions of the 
adopted matter as authorized by G.S. 
1 SOB- 14(c), to apply as basic curriculum for 
this basic recruit law enforcement tr;iining 
course. 

(c) Consistent with the curriculum de- 
velopment pohcy of the commission, the 
commission shall designate the developer of 
the Basic Recruit Law Enforcement Training 
Course curricula and such designation shall be 
deemed by the commission as approval for the 
developer to conduct pilot Basic Recruit Law 
Enl'orcement Training Courses. Individuals 
who successfully complete such a pilot Basic 
Law Enforcement Training Course offering 
shall be deemed to have successfully comphed 
with and satisfied the minimum training re- 
quirement. 

Statuton' Authority G.S. l7E-4(a). 

.050.1 TIME REQUIREMENT FOR 

COMPLETION OF B.\SIC RECRLIT 
L.WV ENFORCEMENT TRAINING 
COl RSE 

(a) Each deputy sheriff holding tempo- 
rary' or probationary certification shall satis- 
factorily complete a commission-accredited 
basic training course. The deputy shall com- 
plete such course within one year from the date 
of his her Oath of Office. .Any deputy sheriff 
who does not comply with this Rule or other 
training provisions of this Chapter shall not 
be authorized to exercise the powers of a dep- 
uty sheriff and shall not be authorized to exer- 
cise the power of arrest. If, however, an officer 
has enrolled in a commission-accredited basic 
law enforcement training program that con- 
cludes later than the end of the officer's pro- 
bationar) period, the commission may extend, 
for good cause shown, the probationar>' period 
for a period not to exceed 12 months. 

(b) Persons having completed a com- 
mission-accredited basic law enforcement 
training program and not having been duly 
appointed as a sworn deputy sheriff within one 
year of completion of the basic law enforce- 
ment training course shall complete a subse- 
quent commission-accredited basic recruit 
training program in its entirety and successfully 
pass the State Comprehensive Examination 
within the 12 month probationary' period as 
prescnbed in 12 NCAC lOB .0402.' 



(c) Persons certified on a probationary 
basis pursuant to Rule .0403(b) shall be ex- 
empt from this Rule .0503. 

Statutory Authority G.S. I7E-4; 17E-7. 

.0504 WAIVER OF COMPLETION OF 
TRAINING 

(a) The commission may waive a deputy 
sheriff's completion of the commission-accre- 
dited law enforcement training course upon 
receiving documentary evidence from the em- 
ploying agency that the deputy has satisfac- 
torily completed equivalent training. All such 
deputies, however, shall serve a one year pe- 
riod of probation. 

(b) Training received in states with laws 
governing or regulating law enforcement train- 
ing shall, if subject to such review, have been 
appro\'ed or certified by the appropriate agency 
of the state in which the training was received. 

(c) The commission may prescribe as a 
condition of certification, supplementary or 
remedial training deemed necessary to equate 
previous training with current standards. 

(d) The commission may require satis- 
factory performance on a commission-ap- 
proved written examination as proof of 
equivalent training; however, such examina- 
tion is in addition to the required equivalent 
training and not in heu of said training. 

Statutory .Authority G.S. I7E-4; 17E-7. 

.0505 EVALLATION FOR TRAINING WAIVER 

(a) The division staff shall e\aluate each 
deputy's training and experience to determine 
if equivalent training has been satisfactorily 
completed as specified in Rule .0504(a). Ap- 
plicants for certification with prior law en- 
forcement experience shall have been 
employed in a full-time, sworn law enforce- 
ment position m order to be considered for 
training evaluation under this Rule. Appli- 
cants for certification with a combination of 
full-time and part-time experience shall be 
e\'aluated on the basis of the full-time experi- 
ence only. The following rules shall be used 
by division staff in evaluating a deputy's train- 
ing and experience to determine ehgjbility for 
a waiver of training. 

(1) Persons who separated from a sworn 
law enforcement position during their 
probationary period after having com- 
pleted a commission-accredited basic 
training program and who have been 
separated from a sworn law enforce- 
ment position for more than one year 



725 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



shall complete a subsequent commis- 
sion-accredited basic training program 
in its entirety and successfully pass the 
State Comprehensive Examination 
within the 12 month probationary pe- 
riod as prescribed in 12 NCAC lOB 
.0503(a). 

(2) Persons who separated from a sworn 
law enforcement position during their 
probationary period after having com- 
pleted a commission-accredited basic 
training program and who have been 
separated from a sworn law enforce- 
ment position for one year or less shall 
serve a new 12 month probationary pe- 
riod, but need not complete an addi- 
tional training program. 

(3) Out-of-state transferees shall be evalu- 
ated to determine the amount and 
quahty of their training and experience. 
Out-of-state transferees: 

(A) shall have a minimum of two years 
full-time sworn law enforcement expe- 
rience; 

(B) shall not have a break in service ex- 
ceeding one year; and 

(C) shall have successfully completed the 
basic recruit law enlbrcement training 
course accredited by the state from 
which he/she is transferring. Out-of- 
state transferees meeting these require- 
ments shall successfully complete a 
commission-accredited basic training 
program which includes the following 
topics of North Carolina law and pro- 
cedure and successfully pass the State 
Comprehensive Examination in its en- 
tirety within the 12 month probationary 
period as prescribed in 12 NCAC lOB 
.0503(a). 

(i) Laws of Arrest, Search 

and Seizure 16 hours 

(ii) Elements of Criminal 

Law 24 hours 

(iii) Juvenile Laws and 

Procedures 8 hours 

(iv) Controlled Substances 6 hours 

(v) ABC Laws and Procedures 4 hours 
(vi) Motor Vehicle Laws 20 hours 

(vii) Civil Process 24 hours 

(viii) Supplemental Custody 

Procedures 8 hours 

(ix) Eirearms (Qualification Only) 

TOTAL HOURS 110 hours 

(4) Persons previously holding Grandfather 
law enforcement certification in accord- 
ance with G.S. 17C- 10(a) or G.S. 
17E-7(a) who have been separated from 



a sworn law enforcement position for 
more than one year and who have not 
previously completed a minimum basic 
law enforcement training program ac- 
credited by the North Carolina Crimi- 
nal Justice Education and Training 
Standards Commission and/or the 
North Carolina Sheriffs' Education and 
Training Standards Commission shall 
be required to complete a commis- 
sion-accredited basic training program 
in its entirety and successfuOy pass the 
State Comprehensive Examination 
within the 12 month probationary pe- 
riod as prescribed in 12 NCAC lOB 
.0503(a). 

(5) Persons who have completed a mini- 
mum 160-hour basic law enforcement 
training program accredited by the 
North Carolina Criminal Justice Train- 
ing and Standards Council under 
guidelines administered begLnxiing on 
July 1, 1973 and continuing through 
September 30, 1978 and who have been 
separated from a sworn law enforce- 
ment position for more than one year 
but no more than two years shall be 
required to complete the following por- 
tions of a commission-accredited basic 
training program and successfuUy pass 
the State Comprehensive Examination 
within the 12 month probationary pe- 
riod as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Juvenile Law and Procedures 8 hours 

(B) Firearms 40 hours 

(C) Patrol Techniques 16 hours 

(D) Crisis Management 10 hours 

(E) Deviant Behavior 10 hours 

(F) Criminal Investigations 28 hours 

(G) Electrical and Hazardous 

Material Emergencies 6 hours 

(H) Law Enforcement Driver 

Training 16 hours 

(I) Civil Process 24 hours 

(J) Supplemental Custody 

Procedures 8 hours 

TOTAL HOURS 166 hours 

(6) Persons who have completed a mini- 
mum 160-hour basic law enforcement 
training program accredited by the 
North Carolina Criminal Justice Train- 
ing and Standards Council under 
guidelines administered beginning on 
July 1, 1973 and continuing through 
September 30, 1978 and who have been 
separated from a sworn law enforce- 
ment position for more than two years 



NORTH CAROLINA REGISTER 



724 



PROPOSED RULES 



shall be required to complete a com- 
mission-accredited basic training pro- 
gram in its entirety regardless of training 
and experience and successfully pass the 
State Comprehensive Examination 
within the 12 month probationary pe- 
riod as prescribed in 12 NCAC lOB 
.0503(a). 

(7) Persons who have completed a mini- 
mum 240-hour basic law enforcement 
training course accredited by the North 
Carolina Criminal Justice Education 
and Training Standards Commission 
and the North Carolina Sheriffs' Edu- 
cation and Training Standards Com- 
mission under guidelines administered 
beginning October 1, 1978 and contin- 
uing through September 30. 1984 and 
who ha\e been separated from a sworn 
law enforcement position for over one 
year but no more than three years shall 
be required to complete the following 
portions of a commission-accredited 
basic training program and successfully 
pass the State Comprehensive Exam- 
ination within the 12 month proba- 
tionary' period as prescnbed in 12 
NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and 

Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) De\iant Behavior 10 hours 

(E) Controlled Substances 6 hours 
(E) ABC Laws and Procedures 4 hours 
(G) Motor Vehicle Laws 20 hours 
(H) Ci\il Process 24 hours 
(I) Supplemental Custody 

Procedures S hours 

(J) Eirearms (Qualification Only) 

TOTAL HOURS 120 hours 

(8) Persons who have completed a mini- 
mum 240-hour basic law enforcement 
training course accredited by the North 
Carolina Criminal Justice Education 
and Training Standards Commission 
and the North Carolina Sheriffs' Edu- 
cation and Training Standards Com- 
mission under guidelines administered 
beginning October I, 1978 and contin- 
uing through September 30, 1984 and 
who have been separated from a sworn 
law enforcement position for more than 
three years shall be required to com- 
plete a commission-accredited basic 
training program in its entirety regard- 
less of prior training and experience and 
successfully pass the State Comprehen- 



sive Examination within the 12 month 
probationary period as prescribed in 12 
NCAC lOB .0503(a). 
(9) Persons who have completed a mini- 
mum 381 hour basic law enforcement 
training course accredited by the North 
Carolina Sheriffs' Education and 
Training Standards Commission under 
guidelines administered beginning Oc- 
tober 1, 1984 and ending July 1, 1988 
and who have been separated from a 
sworn law enforcement position for 
over one year but no more than three 
years shall be required to complete the 
follo\'.ing portions of a commission-ac- 
credited basic training program and 
successfully pass the State Comprehen- 
sive Examination within the 12 month 
probationary' period as prescribed in 12 ^^ 
NCAC IOB' .0503(a). 

(A) Laws of Arrest, Search and 

Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) De\'iant Behavior 10 hours 

(E) Controlled Substances 6 hours 
(E) ABC Laws and Procedures 4 hours 
(G) Motor Vehicle Laws 20 hours 
(H) Civil Process 24 hours 
(I) Supplemental Custody 

Procedures 8 hours 

(J) Firearms (Qualification Only) 

TOTAL HOURS 120 hours 

(10) Persons transferring to a sheriff's de- 
partment from another law enforcement 
agency who hold certification issued by 
the North Carolina Criminal Justice 
Education and Training Standards 
Commission and who have previously 
completed a minimum 369-hour basic 
training program accredited by the 
North Carolina Criminal Justice Edu- 
cation and Training Standards Com- 
mission under guidelines administered 
beginning October 1, 1984 and ending 
July 1, 19S8 and who have been sepa- 
rated from a sworn law enforcement 
position for no more than one year 
shall be required to complete the fol- 
lowing enumerated topics of a commis- 
sion-accredited basic training program 
and successfully pass that portion of the 
State Comprehensive Examination 
which deals with those subjects within 
12 months of the date of their Oath of 
Office as prescribed in 12 NCAC IOB 
.0503(a). 
(A) Civil Process 24 hours 



U> 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(B) Supplemental Custody 
Procedures 



8 hours 



TOTAL HOURS 32 hours 

(11) Persons who have completed a mini- 
mum 369-hour basic law enforcement 
training course accredited by the North 
Carolina Criminal Justice Education 
and Training Commission under guide- 
lines beginning October 1, 1984 and 
ending July 1, 1988 and who have been 
separated from a sworn law enforce- 
ment position for over one year but no 
more than three years shall be required 
to complete the following portions of a 
conrniission-accredited basic training 
program and successfully pass the State 
Comprehensive Examination within the 
12 month probationary period as pre- 
scnbed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and 

Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Deviant Behavior 10 hours 

(E) Controlled Substances 6 hours 

(F) ABC Laws and Procedures 4 hours 

(G) Motor Vehicle Laws 20 hours 
(U) Civil Process 24 hours 
(I) Supplemental Custody 

Procedures 8 hours 

(J) Firearms (Qualification Only) 

TOTAL HOURS 120 hours 

(12) Persons who have completed a mini- 
mum 425-hour basic law enforcement 
training course accredited by the North 
Carolina Sheriffs' Education and 
Training Standards Commission under 
guidelines administered beginning July 
1, 1988 and who have been separated 
from a sworn law enforcement position 
for over one year but no more than 
three years shall be required to com- 
plete the following portions of a com- 
mission-accredited basic training 
program and successfully pass the State 
Comprehensive Examination within the 
12 month probationary period as pre- 
scribed in 12 NCAC lOB .0503(a). 

(A) L^ws of Arrest, Search and 

Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile laws and Procedures 8 hours 

(D) Deviant Behavior 10 hours 

(E) ControUed Substances 6 hours 

(F) ABC Laws and Procedures 4 hours 

(G) Motor Vehicle Laws 20 hours 
(H) Civil Process 24 hours 



(I) Supplemental Custody 

Procedures 
(J) Firearms (Qualification Only) 



8 hours 



TOTAL HOURS 120 hours 

(13) Persons transferring to a sheriff's de- 
partment from another law enforcement 
agency who hold certification issued by 
the North Carolina Criminal Justice 
Education and Training Standards 
Commission and who have previously 
completed a commission-accredited 
412-hour basic training program ac- 
credited by the North Carolina Crimi- 
nal Justice Education and Training 
Standards Commission under guidelines 
administered beginning July 1, 1988 and 
who have been separated from a sworn 
law enforcement position for no more 
than one year shall be required to 
complete the following enumerated 
topics of a commission-accredited basic 
training course and successfully pass 
that portion of the State Comprehen- 
sive Examination which deals with 
those subjects within 12 months of the 
date of their Oath of Office as pre- 
scribed in 12 NCAC lOB .0503(a), 

(A) Civil Process 24 hours 

(B) Supplemental Custody 

Procedures 8 hours 

TOTAL HOURS 32 hours 

(14) Persons who have previously com- 
pleted a minimum 412-hour basic law 
enforcement training course accredited 
by the North Carolina Criminal Justice 
Education and Training Standards 
Commission under guidelines adminis- 
tered begirming July 1, 1988 and who 
have been separated from a sworn law 
enforcement position for over one year 
but no more than three years shall be 
required to complete the following por- 
tions of a commission-accredited basic 
training program and successfully pass 
the State Comprehensive Examination 
within the 12 months probationary pe- 
riod as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arrest, Search and 

Seizure 1 6 hours 

(B) Elements of Criminal l^w 24 hours 

(C) Juvenile laws and Procedures 8 hours 

(D) Deviant Behavior 10 hours 

(E) Controlled Substances 6 hours 

(F) ABC Laws and Procedures 4 hours 

(G) Motor Vehicle Laws 20 hours 
(H) Civil Process 24 hours 



NORTH CAROLINA REGISTER 



726 



PROPOSED RULES 



(I) Supplemental Custody 

Procedures 8 hours 

(J) I'ircarms (Qualification Only) 

TOTAL HOURS 120 hours 

(15) Persons who have completed training 
as a federal law enforcement officer and 
are appointed as a sworn law enforce- 
ment officer in North Carolina shall be 
required to complete a commission-ac- 
credited basic training program in its 
entirety regardless of previous federal 
training and experience and successfully 
pass the State Comprehensive Exam- 
ination within the 12 month proba- 
tionary period as prescribed in 12 
NCAC lOB .0503(a). 

(16) Persons with part-time experience who 
have been separated from a sworn law 
enforcement position for more than one 
year shall be required to complete a 
commission-accredited basic training 
program in its entirety and successfully 
pass the State Comprehensive Fxam- 
ination within the 12 month proba- 
tionar)' period as prescribed in 12 
NCAC lOB .0503(a). 

(17) Persons out of the law enforcement 
profession for over tfjjee years regard- 
less of prior training or experience shaO 
complete a commission-accredited basic 
training program in its entirety and 
successfuUy pass the State Comprehen- 
sive Examination within the 12 month 
probationary period as prescribed in 12 
NCAC lOB .0503(a). 

(b) In those instances not specifically in- 
corporated within this Section or where an 
evaluation of the applicant's prior training and 
experience determines that required attendance 
in the entire "Basic Recruit Training--Law 
Enforcement" course would be impractical, the 
director is authorized to exercise his/her dis- 
cretion in determining the amount of training 
those persons shall complete during their pro- 
bationary period. 

Statutory Authority G.S. 17E-4: I7E-7. 

.0506 TRAINEE ATTENDANCE 

(a) Each trainee enrolled in an accredited 
"Basic Recruit Training-Law Enforcement" 
course shall attend all class sessions. The 
sheriff shall be responsible for the trainee's re- 
gular attendance at criminal justice training 
courses in which the trainee is enrolled. 

(b) The school director may recognize 
valid reasons for class absences and may excuse 
a trainee from attendance at specific class ses- 



sions. However, in no case may excused ab- 
sences exceed ten percent of the total class 
hours for the course offering. 

(c) If the school director grants an ex- 
cused absence from a class session, he shall 
schedule appropriate make-up work and en- 
sure the satisfactory completion of such work 
during the current course presentation or in a 
subsequent course delivery as is permissible 
under Rule 12 NCAC lOB .0507. 

(d) A trainee shall not be ehgible for ad- 
ministration of the State Comprehensive Ex- 
amination nor certification for successful 
course completion if the cumulative total of 
class absences, with accepted make-up work, 
exceeds ten percent of the total class hours of 
the accredited course offering and should be 
expediently terminated from further course 
participation by the school director at the time 
of such occurrence. 

(e) A school director may terminate a 
trainee from course participation or may deny 
certification of successful course completion 
where the trainee is habitually tardy to, or re- 
gularly departs early from, class meetings or 
field exercises. 

(f) Where a trainee is enrolled in a pro- 
gram as required in 12 NCAC lOB .0502, at- 
tendance shall be 100 percent in order to 
receive successful course completion. 

Statutory Authority G.S. J7E-4; J7E-7. 

.0507 COMPLETION OF BASIC RECRUIT 
TRAINING-LAW ENFORCEMENT 
COURSE 

(a) Each delivery of an accredited "Basic 
Recruit Training--Law Enforcement" course 
is considered to be a unit. Each trainee shall 
attend and satisfactorily complete the fuU 
course during a scheduled delivery. The di- 
rector may issue prior written authorization for 
a specified trainee's limited enrollment in a 
subsequent delivery of the same course where 
the trainee provides evidence that: 

(1) The trainee attended and satisfactorily 
completed specified class hours and 
topics of the "Basic Recruit Training-- 
Law Enforcement" course but through 
extended absence occasioned by illness, 
accident, emergency, or other good 
cause was absent for more than ten 
percent of the total class hours of the 
course offering; or 

(2) The trainee was granted excused ab- 
sences by the school director that did 
not exceed ten percent of the total class 
hours for the course offering and the 



72; 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



school director could not schedule ap- 
propriate make-up work during the 
current course ofTering as specified in 
Rule 12 NCAC lOB .0506(c) due to 
valid reasons; or 
(3) The trainee participated in an offering 
of the "Basic Recruit Training— Law 
Enforcement" course but had an iden- 
tified deficiency in essential knowledge 
or skill in either one, two or three, but 
no more than three, of the specific topic 
areas incorporated in course content as 
prescribed under Rule 12 NCAC lOB 
.0502(a). 

(b) An authorization of limited enroll- 
ment in a subsequent course deUvery may not 
be issued by the director unless in addition to 
the evidence required by Paragraph (a) of this 
Rule: 

( 1 ) The sheriff of the agency employing the 
trainee submits a written request to the 
director, justifying the Limited enroll- 
ment and certifying that the trainee's 
participation shall be accomplished 
within the period of the trainee's pro- 
bationary certification; and 

(2) The school director of the previous 
course offering submits to the director 
a certification of the particular topics 
and class hours attended and satisfac- 
torily completed by the trainee during 
the original enrollment. 

(c) An authorization of limited enroll- 
ment in a subsequent course delivery permits 
the trainee to attend an offering of the "Basic 
Recruit Training--I^w Enforcement" course 
commencing within 120 calendar days from 
the last date of trainee participation in prior 
course deUvery, but only if the trainee's en- 
roUment with active course participation can 
be accomplished within the period of the 
trainee's probationary certification; 

(1) Ihe trainee need only attend and satis- 
factorily complete those portions of the 
course which were missed or were 
identified by the school director as areas 
of trainee deficiency in the prior course 
participation. 

(2) following proper enrollment in the 
subsequent course offering, scheduled 
class attendance, and active partic- 
ipation with satisfactory achievement in 
the course, the trainee would be eligible 
for administration of the State Com- 
prehensive Examination by the com- 
mission and possible certification of 
successful course completion. 



(d) A trainee who is deficient in four or 
more subject-matter or topical areas at the 
conclusion of the course deUvery shall com- 
plete a subsequent program in its entirety 
within the trainee's probationary period. 

Statutory Authority G.S. I7E-4; I7E-7. 

.0508 COMPREHENSIVE WRITTEN 

EXAMINATION -BASIC RECRLIT 
TRAINING COURSE 

(a) At the conclusion of a school's offer- 
ing of the "Basic Recruit Training--Law En- 
forcement" course, an authorized 
representative of the commission shall admin- 
ister a comprehensive written examination to 
each trainee who has satisfactorily completed 
all of the course work. A trainee cannot be 
administered the comprehensive written exam- 
ination until such time as all course work is 
completed. 

(b) The examination shall be an objective 
test consisting of multiple-choice, true-false, 
or similar questions covering the topic areas 
as prescribed in 12 NCAC lOB .0502(a). 

(c) The commission's representative shall 
submit to the school director within five days 
of the administration of the examination a re- 
port of the results of the test for each trainee 
examined. 

(d) A trainee shall successfully complete 
the comprehensive written examination if 
he/she achieves a minimum of 70 percent cor- 
rect answers. 

(e) A trainee who has fuUy participated 
in a scheduled delivery of an accredited training 
course and has demonstrated satisfactory 
competence in each motor-skill or perform- 
ance area of the course curriculum but has 
failed to achieve the minimum score of 70 
percent on the commission's comprehensive 
written examination may request the director 
to authorize a re-examination of the trainee. 

(1) The trainee's Request of Re-examina- 
tion shall be made in writing on the 
commission's form within 90 days after 
the original examination and shall be 
received by the division before the ex- 
piration of the trainee's probationary 
certification as a deputy sheriff. 

(2) The trainee's request for re-examination 
shall include the favorable recommen- 
dation of the school director who ad- 
ministered the trainee's "Basic Recruit 
Training-Law Enforcement" course. 

(3) A trainee shall have only one opportu- 
nity for re-examination and shall satis- 



NORTH CAROLINA REGISTER 



728 



PROPOSED RULES 



factorily complete the subsequent 
examination in its entirety. 

(4) The trainee will be assigned in writing 
by the division place, time, and date for 
re-examination. 

(5) Should the trainee on re-examination 
not achieve the prescribed minimum 
score of 70 on the examination, the 
trainee may not be recommended for 
certification and must enroll and com- 
plete a subsequent basic training course 
in its entirety before further examina- 
tion may be permitted. 

Statulon Authority G.S. I7E-4; 17E-7. 

.0509 SAIISFACTION OF MIMMLM 
TR.MMNG KKQl IRKMKNTS 

In order to satisfy the minimum training 
requirements for certification as a law enforce- 
ment otTicer, a trainee shall; 

(1) achieve a score of 70 percent correct an- 
swers on the commission - administered 
comprehensive written examination; 

(2) demonstrate successful completion of an 
accredited ofTenng of the "Basic Recruit 
Training--I^w Enforcement" course as 
shown by the certification of the school 
director; 

(3) demonstrate proficiency in all motor-skill 
and pertormance subjects by achieving a 
mimmum passing grade as specifically es- 
tablished in each of the topical areas in the 
commission's adopted "Basic Law En- 
forcement Training Manual"; and 

(4) obtain the recommendation of the train- 
ee's school director that the trainee pos- 
sesses at least the minimum degree of 
general attributes, knowledge, and skill to 
function as an inexperienced deputv sher- 
iff. 

Statutory Authority G.S. I7E-4; I7E-7. 

SECTION .0600 - MIMMl M STANDARDS 
OF TRAINING FOR .lAILERS 

.0601 JAILER TRAINING COLRSE 

(a) This Section establishes the current 
minimum standard by which sheriffs' depart- 
ment personnel shall receive jailer training, 
rhesc Rules will 5en,'e to raise the level of jailer 
training heretofore a\'ailable to law enforce- 
ment officers across the state. The jailer 
training course shall consist of a minimum of 
120 hours of instruction designed to provide 
the trainee with the skills and knowledge nec- 
essary to perform those tasks considered es- 



sential to the administration and operation of 
a confinement facility. 

(b) Each jailer training course shall in- 
clude the following identified topic areas and 
approximate minimum instructional hours for 
each area: 

(1) Orientation/ Pretest 1 hour 

(2) Civil Liability in the Jail 10 hours 

(3) The American Jail: Its Origin and 

Development 1 hour 

(4) Legal Rights and Responsibilities 
Within the Corrections 

Environment 12 hours 

(5) Processing Inmates: Booking, Intake, 
Classification and Release 

Procedures 8 hours 

(6) Transportation of Inmates 4 hours 

(7) Written Communication 3 hours 

(8) Introduction to the Minimum Standards 
for the Operation of Local Confmement 
Facilities in North Carolina 3 hours 

(9) Role Concepts, Attitudes and Interpersonal 
Communication 2 hours 

(10) Disciplinary Procedures in the 

Jail 2 hours 

(1 1 j Key and Tool Control 1 hour 

(12) Hostage Incidents in the Jail 2 hour 

(13) Stress 3 hours 

(14) Recreation and Visiting 2 hours 

(15) Medical Care in the Jail 4 hours 

(16) Patrol and Emergency Procedures 3 hours 

(17) Suicide and Jails 3 hours 

(18) Homosexuality and Jails 1 hour 

(19) Supervision of Inmates 6 hours 

(20) Psychological Disorders: Psychotic 

and Neurotic Personality 4 hours 

(21) Contraband/Searches 6 hours 

(22) Handling Fire Emergencies: 
Chemistry and Evacuation 4 hours 

(23) Handling Fire Emergencies: 
Classification and Extinguishing 4 hours 

(24) Controlling Disruptive People 16 hours 

(25) Practicals 3 hours 

(26) CPR 8 hours 

(27) First .'\id 3 hours 

(28) Communicable Diseases 3 hours 

(29) Review 3 hours 

(30) Exam 3 hours 

TOTAL HOURS 120 hours 

Note: An officer enrolled in a Jailer Training 
Course who is currently certified in CPR 
(Cardiopulmonary Resuscitation) shall be ex- 
empt from that block of instruction and sub- 
sequent examination. The officer must furnish 
proof of current certification to the school di- 
rector at the time of enrollment. /Vll other 
trainees must successfully complete CPR, and 



729 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



become certified, during and as part of the 
Jailer Certification Course. 

Statutory Authority G.S. l7E-4(a). 

.0602 TIME REQUIREMENT FOR 
COMPLETION OF COURSE 

(a) Each individual employed by a sher- 
iff's department as a jailer' holding probation- 
ary certification shall satisfactorily complete a 
commission-accredited jailer training course. 
The individual shall complete such course 
within one year from the date of his original 
appointment as a jailer as determined by the 
date of the probationary certification. Any 
individual employed as a jailer who does not 
comply with this Rule or other training pro- 
visions of this Chapter shall not be authorized 
to e\ercise the powers of a jailer. If however, 
an individual has enrolled in a commission- 
accredited jailer course that concludes later 
than the end of the individual's probationary 
period, the commission may extend, for good 
cause shown, the probationary period for a 
period not to exceed six months. 

(b) Persons having completed a com- 
mission-accredited jailer training course and 
not having been duly appointed as a jailer 
within one year of completion of the course 
shall complete a subsequent commission-ac- 
credited jailer training course in its entirety and 
successfully pass the State Comprehensive Ex- 
amination witliin the 12 month probationary 
period as prescribed in 12 NCAC lOB 
.0602(a). 

Statutory Authority G.S. I7E-4. 

.0603 EVALUATION FOR 1 RAINING WAIVER 

(a) Ihe following rules shall be used by 
division staff in evaluating a jailer's training 
and experience to dctcnnine eligibihty for a 
waiver of training: 

(1) Persons who have separated from a 
jailer position during the probationary 
period after having completed a com- 
mission-accredited jailer training course 
and who have been separated from a 
jailer position for more than one year 
shall complete a subsequent commis- 
sion-accredited jailer training course in 
its entirety and successfully pass the 
State Comprehensive Examination 
within the 12 month probationar\' pe- 
riod as described in 12 NCAC lOB 
.0602(a). 

(2) Persons who separated from a jailer 
position during their probationary' pe- 



riod after having completed a commis- 
sion-accredited jailer training course 
and who have been separated from a 
jailer position for one year or less shall 
serve a new 12 month probationary pe- 
riod, but need not complete an addi- 
tional jailer training course. 

(3) Persons holding General Jailer Certif- 
ication who have completed a commis- 
sion-accredited jailer training course 
and who have separated from a jailer 
position for more than one year shall 
complete a subsequent commission-ac- 
credited jailer training course in its en- 
tirety and successfully pass the State 
Comprehensive Examination within the 
12 month probationary period as pre- 
scribed in 12 NCAC lOB .0602(a). 

(4) Persons holding General Jailer Certif- 
ication who have completed a commis- 
sion-accredited jailer training course 
and who have been separated from a 
jailer position for one year or less shall 
serve a new 1 2 month probationary pe- 
riod, but need not complete an addi- 
tional jailer training course. 

(5) Persons holding Grandfather Jailer 
Certification who separate from a jailer 
position and remain separated from a 
jailer position for more than one year 
shall be required to complete a com- 
mission-accredited jailer training pro- 
gram in its entirety and successfully pass 
the State Comprehensive Examination 
within the 12 month probationary pe- 
riod as prescribed in 12 NCAC lOB 
.0602(a). 

(6) Persons transferring to a sheriff's de- 
partment from another law enforcement 
agency who hold a jailer certification 
issued by the North Carolina Criminal 
Justice Education and Training Stand- 
ards Commission shall be subject to 
evaluation of their prior training and 
experience on an individual basis. The 
division staif shall determine the 
amount of training required of these 
applicants. 

(b) In those instances not specifically in- 
corporated within this Section or where an 
evaluation of the applicant's prior training and 
experience determines that required attendance 
in the entire Jailer Training Course would be 
impractical, the director is authorized to exer- 
cise his/her discretion in determining the 
amount of training those persons shall com- 
plete during their probationary period. 



NORTH CAROLINA REGISTER 



730 



PROPOSED RULES 



Statutory Authority G.S. 17E-4; I7E-7. 

.0604 TRAINKE ATTENDANCE 

(a) Each trainee enrolled in an accredited 
"Jailer Training Course" shall attend all class 
sessions. The sheriff shall be responsible for 
the trainee's regular attendance at all sessions 
of the jailer training course. 

(b) The school director may recognize 
valid reasons for class absences and may excuse 
a trainee from attendance at specific class ses- 
sions. However, in no case may excused ab- 
sences exceed ten percent of the total class 
hours for the course offering. 

(c) If the school director grants an ex- 
cused absence from a class session, he shall 
schedule appropriate make-up work and en- 
sure the satisfactory completion of such work 
during the current course presentation or in a 
subsequent course delivery as is permissible 
under 12 NCAC lOB .0605. 

(d) A trainee shall not be eligible for ad- 
ministration of the State Comprehensive Ex- 
amination nor certification for successful 
course completion if the cumulati\e total of 
class absences, with accepted make-up work, 
exceeds ten percent of the total class hours of 
the accredited course offering and should be 
expediently tenninatcd from further course 
participation by the school director at the time 
of such occurrence. 

(e) The school director may terminate a 
trainee from course participation or may deny 
certification of successful course completion 
where the trainee is habituaUy tardy to, or re- 
gularly departs early from, class meetings or 
field exercises. 

(f) Where a trainee is enrolled in a pro- 
gram as required in 12 NCAC lOB .0601, at- 
tendance shall be 100 percent in order to 
receive a successful course completion. 

Statutory Authority G.S. 17E-4; I7E-7. 

.0605 COMPLETION OF JAILER TRAINING 
COLRSE 

(a) Each delivery of an accredited "Jailer 
Training" course is considered to be a unit. 
Each trainee shall attend and satisfactorily 
complete a full course during a scheduled de- 
livery. The director may issue pnor written 
authorization for a specified trainee's limited 
enrollment in a subsequent delivery of the 
same course where the trainee provides evi- 
dence that: 

(1) The trainee attended and satisfactorily 
completed specified class hours and 
topics of the "Jailer Training" course 



but through extended absence occa- 
sioned by illness, accident, emergency, 
or other good cause was absent for 
more than ten percent of the total class 
hours of the course offering; or 
(2) The trainee was granted excused ab- 
sences by the school director that did 
not exceed ten percent of the total class 
hours for the course offering and the 
school director could not schedule ap- 
propriate make-up work during the 
current course offering as specified in 
12 NCAC lOB .0604(c) due to valid 
reasons. 

(b) An authorization of limited enroll- 
ment in a subsequent course delivery may not 
be used by the director unless in addition to 
the evidence required bv Paragraph (a) of this 
Rule: 

( 1 ) The sheriff of the agency employing the 
trainee submits a written request to the 
director, justifying the limited enroll- 
ment and certifying that the trainee's 
participation shall be accomplished 
within the period of the trainee's pro- 
bationary certification; and 

(2) The school director of the previous 
school offering submits to the director 
a certification of the particular topics 
and class hours attended and satisfac- 
torily completed by the trainee during 
the original enrollment. 

(c) An authorization of limited enroll- 
ment in a subsequent course delivery permits 
the trainee to attend an offering of the "Jailer 
Training" course, but only if the trainee's en- 
rollment with active course participation can 
be accomplished within the period of the 
trainee's probationary certification: 

(1) The trainee need only attend and satis- 
factorily complete those portions of the 
course which were missed or identified 
by the school director as areas of trainee 
deficiency in the proper course partic- 
ipation. 

(2) Folio W'ing proper enrollment in the 
subsequent course offering, scheduled 
class attendance and active participation 
with satisfactory achievement in the 
course, the trainee would be eligible for 
administration of the State Compre- 
hensive Examination by the comjnis- 
sion and possible certification of 
successful course completion. 

Statutory Authority G.S. J7E-4; I7E-7. 

.0606 COMPREHENSIN E WRITTEN 



731 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



EXAMINATION -.lAILER 
TRAINING COURSE 

(a) At the conclusion of a school's offer- 
ing of the Jailer 1 raining Course, an author- 
ized representative of the commission shall 
administer a comprehensive written examina- 
tion to each trainee who has satisfactorily 
completed all of the course work. A trainee 
caimot be administered the comprehensive 
written examination until such time as all 
course work is successfully completed. 

(b) The examination shall be an objective 
test consisting of multiple-choice, true-false, 
or similar questions covering the topic areas 
as described in 12 NCAC lOB .0601(b). 

(c) The commission's representative shall 
submit to the school director witliin ten days 
of the administration of the examination a re- 
port of the results of the test for each trainee 
examined. 

(d) A trainee shall successfully complete 
the comprehensive written examination if 
he/she achieves a minimum of 70 percent cor- 
rect answers. 

(e) A trainee who has fully participated 
in a scheduled delivery of an accredited training 
course and has demonstrated satisfactory 
competence in each motor-skill or perform- 
ance area of the course curriculum but has 
failed to achieve the minimum score of 70 
percent on the commission's comprehensive 
written examination may request the director 
to authorize a re-examination of the trainee. 

(1) A trainee's Request for Re-examination 
shall be made in writing on the com- 
mission's form within 90 days after the 
original examination and shall be re- 
ceived by the division before the expi- 
ration of the trainee's probationary 
certification as a jaUer. 

(2) The trainee's request for re-examination 
shall include the favorable recommen- 
dation of the school director who ad- 
ministered the trainee's Jailer Training 
Course. 

(3) A trainee shall have only one opportu- 
nity for re-examination and shall satis- 
factorily complete the subsequent 
examination in its entirety. 

(4) A trainee will be assigned in writing by 
the division a place, time, and date for 
re-examination. 

(5) Should the trainee on re-examination 
not achieve the prescribed minimum 
score of 70 on the examination, the 
trainee may not be recommended for 
certification and must enroll and com- 
plete a subsequent course in its entirety 



before further examination may be per- 
mitted. 

Statutory Authority G.S. I7E-4; I7E-7. 

.0607 SATISFACTION OF MINIMUM 
TRAINING REQUIREMENTS 

In order to satisfy the minimum training 
requirements for certification as a jailer, a trai- 
nee shall: 

(1) achieve a score of 70 percent correct an- 
swers on the commission-administered 
comprehensive written examination; 

(2) demonstrate successful completion of an 
accredited offering of the Jailer Training 
Course as shown by the certification of 
the 

school director; and 

(3) obtain the recommendation of the train- 
ee's school director that the trainee pos- 
sesses at least the minimum degree of 
general attributes, knowledge, and skill to 
function as an inexperienced jailer. 

Statutory Authority G.S. I7E-4: I7E-7. 

SECTION .0700 - MINIMUM STANDARDS 

FOR JUSTICE OFFICER SCHOOLS AND 

TRAINING PROGRAMS OR COURSES OF 

INSTRUCTION 

.0701 PURPOSE 

This Section establishes the minimum 
standards for the schools from which sheriffs' 
department personnel shall receive training. 
These Rules will serve to defme the areas of 
responsibility for the institutions and personnel 
associated with and responsible for the delivery 
of said training programs. 

Statutory Authority G.S. I7E-4. 

.0702 ADMINISTRATION OF JUSTICE 
OFFICER SCHOOLS 

The rules covering the administration of 
Criminal Justice Schools and training pro- 
grams or courses of instruction, codified as 
Title 12, Subchapter 9B, Section .0200 of the 
North Carolina Administrative Code, effective 
and previously adopted by the North Carolina 
Criminal Justice Education And Training 
Standards Commission are hereby adopted by 
reference and shall automatically include any 
later amendments and editions of the adopted 
matter as authorized by G.S. 1 SOB- 14(c) to 
apply to actions of the North Carolina Sheriffs' 
Education And Training Standards Commis- 
sion with the exception of the Jailer Certif- 
ication Course. 



NORTH CAROLINA REGISTER 



732 



PROPOSED RULES 



Statutory Authority G.S. I7E-4. 

.0703 ADMIMSTRATION OF JAILER 
TRAINING COLRSR 

(a) The executive officer or officers of the 
institution or agency sponsoring a JaiJer 
Training Course shall have primary responsi- 
bility for implementation of these rules and 
standards and for administration of the school. 

(b) The c,\ccuti\e officers shaO designate 
a compensated staff member who is certified 
by the commission who may apply to be the 
school director. The school director shall have 
administrati\e responsibility for planning 
scheduling, presenting, coordinating, reporting, 
and generally managing each sponsored jailer 
training course. 

(c) The executive officers of the institu- 
tion or agency sponsoring the Jailer Training 
Course shall: 

(1) acquire and allocate sufficient fmancial 
resources to provide commission-certi- 
fied instructors and to meet other nec- 
essary' program expenses; 

(2) provide adequate secretarial, clerical, 
and other supportive staff assistance as 
required by the school director; 

(3) provide or make available suitable fa- 
cilities, equipment, materials, and sup- 
plies for comprehensi\e and qualitative 
course dehverv', specifically including 
the following: 

(A) a comfortable, well-lighted and ven- 
tilated classroom with a seating capacity 
sufficient to accommodate all attending 
trainees; 

(B) audio-visual equipment and other 
instructional devices and aids necessary 
and beneficial to the deli\er>' of effective 
training; 

(C) a library for trainees' use covering the 
subject matter areas relevant to the 
training course, maintained in current 
status and having sufficient copies for 
convenient trainee access; 

(D) WTiere required b)' course content, 
pro\ide or make available facilities, 
equipment, and supplies to provide 
training in physical and motor-skill ex- 
ercises such as h;mdlmg disrupti\'e peo- 
ple, CPR, handling fire emergencies and 
cell searches. 

Stalutoiy Authority G.S. 17F.-4. 

.0704 RKSPONSIBILITIES: SCHOOL 
DIRKCrORS 



(a) In planning, developing, coordinating, 
and deli\cring each commission accredited 
Jailer Training Course, the school director 
shall: 

(1) Formalize and schedule the course 
curriculum in accordance with the cur- 
riculum standards established by the 
commission. 

(A) The Jailer Certification Training 
Course shall be presented with a mini- 
mum of 40 hours of instruction each 
week during consecutive calendar weeks 
until course requirements are com- 
pleted. 

(B) In the event of exceptional or emer- 
gency circumstances, the director may, 
upon written finding of justification, 
grant a waiver of the minimum hours 
requirement. 

(2) Select and schedule qualified instructors 
who are properly certilied by the com- 
mission. The selecting and scheduling 
of instructors is subject to special re- 
quirements as follows: 

(A) No single individual may be sched- 
uled to instruct more than 35 percent 
of the total hours of the curriculum 
during any one deliverv' except as set 
forth in (2)(B). 

(B) WTiere the school director shows ex- 
ceptional or emergency circumstances 
and the school director documents that 
an instructor is qualified to instruct 
more than 35 percent of the total hours 
of the curriculum, the director of the 
division may grant written approval for 
the expansion of the individual instruc- 
tional limitation. 

(3) Provide each instructor with a com- 
mission-approved course outline and all 
necessary additional information con- 
cerning the instructor's duties and re- 
sponsibilities. 

(4) Review each instructor s lesson plans 
and other instructional materials for 
conformance to established commission 
standards and to minimize repetition 
and duplication of subject matter. 

(5) Shall permanently maintain records of 
all Jailer Training Courses sponsored 
or delivered by the school, reflecting: 

(A) Course title; 

(B) Deliver,' hours of course; 

(C) Course delivery' dates; 

(D) Names and addresses of instructors 
utilized within designated subject-mat- 
ter areas; 



733 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(E) A roster of enrolled trainees, showing 
class attendance and designating 
whether each trainee's course partic- 
ipation was successful or unsuccessful; 

(F) Copies of all rules, regulations and 
guidelines developed by the school di- 
rector; 

(G) Documentation of any changes in 
the initial course outline, including 
substitution of instructors; and 

(H) Documentation of make-up work 
achieved by each individual trainee, in- 
cluding test scores and methods. 

(6) Arrange for the timely availability of 
appropriate audiovisual aids and mate- 
rials, publications, facilities and equip- 
ment for training in aU topic areas. 

(7) De\elop, adopt, reproduce, and dis- 
tribute any supplemental rules, regu- 
lations, and requirements determined 
by the school to be necessary or ap- 
propriate for: 

(A) Effective course dehvery; 

(B) EstabUshing responsibilities and ob- 
ligations of agencies or departments 
employing course trainees; and 

(C) Regulating trainee participation and 
demeanor and ensuring trainee attend- 
ance and maintaining performance re- 
cords. 

A copy of such rules, regulations and re- 
quirements shall be submitted to the director 
as an attachment to the Pre- Delivery Report 
of Training Course Presentation, Form E-7A. 
A copy of such rules shall also be given to each 
trainee and to the sheriff of each trainee's em- 
ploying agency at the time the trainee enrolls 
in the course. 

(8) If appropriate, recoirunend housing and 
dinmg facihties for trainees. 

(9) Not less than 30 days before com- 
mencing delivery of the course, submit 
to the commission a Pre- Delivery Re- 
port of Training Course Presentation 
(Form F-7A) along with the following 
attachments: 

(A) A comprehensive course schedule 
showing arrangement of topical presen- 
tations and proposed instructional as- 
signments; 

(B) A copy of any rules, regulations, and 
requirements for the school and, when 
appropriate, completed applications for 
Professional Lecturer Certification. 

(C) The director shaU review the sub- 
mitted Pre- Delivery Report together 
with all attachments to ensure that the 
school is in compUance with all com- 



mission mandated rules and regulations; 
if school's rules are found to be in vio- 
lation, the director shall notify the 
school director of deficiency, and ap- 
proval will be withheld until all matters 
are in compliance with the commis- 
sions' rules. 

(10) Administer the course delivery in ac- 
cordance with commission-approved 
procedures, guidelines, and standards 
and ensure that the training offered is 
as effective as possible. 

(11) Monitor the presentations of all pro- 
bationary' instructors during course de- 
hvery and prepare formal written 
evaluations on their performance and 
suitability for subsequent instructional 
assignments. These evaluations shall 
be prepared on commission-approved 
forms and forwarded to the commis- 
sion. Based on this evaluation the 
school director shall have the added re- 
sponsibility for recommending approval 
or denial of requests for General JaU 
Instructor Certification, limited Lec- 
turer Certification or Professional Lec- 
turer Certification. 

( 1 2) Monitor the presentations of all other 
instructors during course delivery and 
prepare fonnal written evaluations on 
their performance and suitabdity for 
subsequent instructional assignments. 
Instructor evaluations shall be prepared 
on commission-approved forms in ac- 
cordance with commission standards. 
These evaluations shall be kept on file 
by the school for a period of three years 
and shall be made available for in- 
spection by a representative of the 
commission upon request. 

(13) Administer or designate a quahfied 
person to administer appropriate tests 
as determined necessary at various in- 
tervals during course dehvery. 

(14) Maintain direct supervision, direction, 
and control over the performance of all 
persons to whom any portion of the 
planning, development, presentation, 
or administration of a course has been 
delegated. 

( 1 5) During a delivery of the Jailer Certif- 
ication Training Course, make available 
to authorized representatives of the 
commission four hours of scheduled 
class time and classroom facilities for 
the administration of a written exam- 
ination to those trainees who have sat- 
isfactorily completed all course work. 



NORTH CAROLINA REGLSTER 



734 



PROPOSED RULES 



(16) Not more than ten days after receiving 
from the commission's representative 
the Report of Examination Scores, the 
school director shall submit to the 
commission a Post-Delivery Report of 
Training Course Presentation (Form 
7-B). 

Statutory- Authority G.S. I7E-4. 

.0705 CERTIFICATION: SCHOOL DIRECTORS 

(a) PiSVy person designated to act as, or 
who performs the duties of, a school director 
in the delivery or presentation of a commis- 
sion-accredited jailer training course shall be 
and continuously remain certified by the com- 
mission as a school director. 

(b) To qualify for certification as school 
director of the Jailer Training Course: 

(1) Submit a written request for the issu- 
ance of such certification executed by 
the executive officer of the institution 
or agency currently accredited, or which 
may be seeking accreditation, by the 
conunission to make presentation of 
accredited training programs and for 
whom the applicant will be the desig- 
nated school director. 

(2) Be currently certified as a criminal jus- 
tice instructor by the North Carolina 
Criminal Justice Education and Train- 
ing Standards Commission; and 

(3) Document successful participation in a 
special program presented by the North 
Carolina Justice .Academy for purposes 
of familiarization and supplementation 
relevant to delivery of the Jailer Train- 
ing Course. 

(4) Attend or must have attended the most 
current offering of the school directors 
conference as presented by the com- 
mission staff and staff of the North Ca- 
rolina Criminal Justice Education and 
Training Standards Commission and 
Standards Division. 

Statutory Authority G.S. I7E-4. 

.0706 IKRMS .\ND CONDITIONS OF SCHOOL 
DIRECTOR CERTIFICATION 

(a) The tenn of certification as a school 
director is two years from the date the com- 
mission issues the certification unless earlier 
tcnninated b\' action of the commission. 
L pon application the certification may subse- 
quently be renewed by the commission for 
two-year periods. The application for renewal 



shall contain documentation meeting the re- 
quirements of Rule .0705(b)(1). 

(b) To retain certification as a school di- 
rector, the school director shall: 

(1) Adequately perform the duties and re- 
sponsibilities of a school director as 
specifically required in Rule .0704. 

(2) Maintain an updated copy of the "Jailer 
Training Instructor Notebook" as- 
signed to each accredited school. 

Statutory Authority G.S. I7E-4. 

.0707 SUSPENSION: REVOCATION: OR 

DENIAL SCHOOL DIRECTOR CERT 

The commission may deny, suspend, or 
revoke certification of a school director when 
the commission fmds that the person has failed 
to meet or continuously maintain any of the 
requirements for qualification or through per- 
fonnance fails to comply with program rules 
and procedures of the commission or other- 
wise demonstrates incompetence. 

Statutory Authority G.S. I7E-4. 

SECTION .0800 - ACCREDITATION OF 

JUSTICE OFFICER SCHOOLS AND 

TRAINING COURSES 

.0801 ACCREDITATION: JUSTICE OFFICER 
SCHOOLS/TRAINING COURSES 

The rules covering the accreditation of 
Criminal Justice Schools and training courses, 
codilicd as Title 12, Subchapter 9C, Section 
.0400 of the North Carolina Administrative 
Code, and pre\iously adopted by the North 
Carolma Criminal Justice Education And 
Training Standards Commission, are hereby 
adopted by reference and shall automaticaUy 
include any later amendments and editions of 
the adopted matter as authorized by G.S. 
150B- 14(c), to apply to actions of the com- 
mission with the exception of the JaU Instruc- 
tor, Jail Schools and Training Courses. 

Statutory Authority G.S. I7E-4. 

.0802 ACCREDITATION: DELIVERY/JAILER 
TRAINING COURSE 

(a) i\n institution or agency to be ac- 
credited to deliver a JaiJer Training Course 
must s'lbmit a Form F-7 requesting school 
accreditation. 

(b) School accreditation shall remain ef- 
fective until surrendered, suspended, or re- 
voked. 

(c) The commission may suspend or re- 
voke the accreditation of a school when it finds 



735 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



that the school has failed to meet or to con- 
tinuously maintain any requirement, standard 
or procedure for school accreditation as re- 
quired by Rule .0703(c). 

Statutory' Authority G.S. I7E-4. 

.0803 REPORTS OF JAILER TRAINING 
COl RSE PRESENTATION AND 
COMPLETION 

Fach presentation of the Jailer Training 
Course shall be reported to the commission as 
follows: 

(1) After acquiring accreditation for the 
course and before commencing each de- 
hvery of the course, the school director 
shall notify the commission of the 
school's intent to offer the training course 
by submitting a Pre- Delivery Report of 
Training Course Presentation (Form 
F-7A); and 

(2) LJpon completing delivery of the accred- 
ited course, and not more than ten days 
after receiving from the commission's re- 
presentative the Report of E.xamination 
Scores, the school director shaU notify the 
commission regarding the progress and 
achievement of each enrolled trainee by 
submitting a Post-Delivery Report of 
Training Course Presentation (I'orm 
F-7B). 

Statutory Authority G.S. I7E-4; 17E-7. 

SECTION .0900 - MINIMUM STANDARDS 
LOR .IL STICE Ol FICER INSTRLC lORS 

.0901 CERTIFICATION OF INSTRUCTORS 
FOR BASIC LAW ENFORCEMENT 
TRAINING 

The rules covering the certification of in- 
structors, codified as Title 12, Subchapter 9B, 
Section .0300 of the North Carolina Adminis- 
trative Code, and previously adopted by the 
North Carolina Criminal Justice Education 
And Training Standards Commission, are 
hereby adopted by reference, and shall auto- 
matically include any later amendments and 
editions of the adopted matters as authorbced 
by G.S. 1 SOB- 14(c), to apply to actions of the 
North Carolina Sheriffs' Education And 
Training Standards Commission with the ex- 
ception of instructors for the Jailer Certif- 
ication Training Course. 

Statutmy Authority G.S. I7E-4. 

.0902 CERIIFICATION: INSTRUCTORS FOR 



JAILER TRAINING COURSE 

(a) Any person participating in a com- 
mission-accredited jailer training course or 
program as an instructor, teacher, professor, 
lecturer, or other participant making presenta- 
tions to the class shall first be certified by the 
commission as an instructor. A waiver may 
be granted by the director upon receipt of a 
written apphcation to teach in a designated 
school. 

(b) The commission shall certify jailer 
training course instructors under the following 
categories: General Jailer Instructor Certif- 
ication; Professional Lecturer Certification; or 
Limited lecturer Certification as outlined in 
Rules .0903, .0905 and .0907 of this Section. 

Statutory Authority G.S. I7E-4. 

.0903 GENERAL JAIL INSTRUCTOR 
CERTIFICATION 

An applicant for General Jailer Instructor 
Certification shall meet the following require- 
ments: 

(1) present documentary evidence demon- 
strating that the applicant: 

(a) has attended and successfully completed 
the North Carolina Sheriffs' Education 
and Training Standards Commission- 
approved Jail Training Course; or holds 
a valid certification as a jailer or cor- 
rectional officer or demonstrates prior 
experience as an instructor in the jail 
or correctional field; 

(b) has at least two years of experience as 
a jailer, correctional officer or instructor 
in the field of jaOs or correction; 

(c) holds Genera] Instructor certification 
issued by the North Carolina Criminal 
Justice Education and Standards Com- 
mission. 

(2) Persons holding only General Jail In- 
structor Certification may teach any block 
of instruction in the commission-man- 
dated course with the exception of those 
outlined in Rules .0905(c) and .0907(a)(1) 
through (6). 

Statutory Authority G.S. I7E-4. 

.0904 TERMS AND CONDITIONS OF 
GENERAL JAIL INSTRUCTOR 
CERTIFICATION 

(a) An applicant meeting the require- 
ments for certification as a General Jail In- 
structor shall, for the fu"st 12 months of 
certification, be in a probationary status. The 
General Jadl Instructor Certification, proba- 



NORTH CAROLINA REGISTER 



736 



PROPOSED RULES 



tionar>' status, shall automatically expire 12 
months from the date of issuance. 

(b) The probationary instructor will be 
awarded full Ciencral Jail Instructor Certif- 
ication at the end of the probationary period 
if the instnictor submits to the commission: 

(1) a favorable recommendation from a 
school director accompanied by certif- 
ication on a commission-approved In- 
structor livaluation Form that the 
instructor satisfactorily taudit a mini- 
mum of four hours in a commission- 
accredited jailer training course during 
his her probationary year; or 

(2) a favorable written evaluation by a 
commission member or staff member 
based on an on-site classroom evalu- 
ation of the probationary instructor in 
a commission-accredited jailer training 
course. Such evaluation will be certi- 
fied on a commission-approved In- 
structor Evaluation Form. In addition, 
instructors evaluated by a commission 
or staff member must also teach a min- 
imum of four hours in a commission- 
accredited Jailer Training Course during 
Iiis/her probationary year. 

(c) General Jailer Instructor Certification 
is continuous so long as the instructor submits 
to the commission e\ery two years: 

(1) a fa\'orable recommendation from a 
school director accompanied by certif- 
ication on a commission-approved In- 
structor Evaluation Form that the 
instructor satisfactorily taught a mini- 
mum of four hours in a commission- 
accredited jailer training course during 
the previous two year penod. The date 
General Instructor Certification is ori- 
ginaOy issued is the anniversary date 
from which each two year period is fig- 
ured: or 

(2) a favorable wntten evaluation by a 
commission member or staff member 
based on a minimum four hour, on-site 
classroom obser\'ation of the instructor 
in a commission-accredited Jailer 
Training Course. 

(d) If an instructor docs not teach a mi- 
nimum of four hours during each two ^ear 
penod following the awarding of his General 
Jailer Instructor Certification, his her certif- 
ication automatically expires, and the instruc- 
tor must then apply for probationary 
instructor certification status and must meet 
aU applicable requirements. 

StaiuiofT Authoriiv G.S. I7E-4. 



.0905 PROFESSIONAL LECTURER 
CERTIFICATION 

(a) The commission may issue Profes- 
sional Ixcturer Certification to a person in a 
formally recognized profession, i.e., medicine, 
law, psychology, who by virtue of their formal 
academic dcgree(s) have developed special ex- 
pertise. 

(b) To be eligible for such certification 
an applicant shall present documentary evi- 
dence demonstrating that the applicant has: 

(1) graduated from an accredited law 
school, medical school or other school 
accredited for conferring degrees in for- 
mally recognized professions acceptable 
to the commission; 

(2) obtain the endorsement of a commis- 
sion recognized school director who 
shall: 

(A) recommend the applicant for certif- 
ication as a professional lecturer; and 

(B) describe the applicant's expected 
participation, topical areas, duties and 
responsibilities. 

(c) Only licensed attomeys-at-law hold- 
ing Professional Lecturer Certification may 
teach the following topics: 

( 1 ) Civil Liability in the Jail; 

(2) legal Rights and Responsibilities 
Within the Corrections En\ironment. 

Statutory Authority G.S. I7E-4. 

.0906 TERMS .\ND CONDITIONS OF 

PROFESSIONAL LECTURER CERT 

Certification as a professional lecturer 
shall remain effective for 24 months from the 
date of issuance. The lecturer shall apply for 
recertification at or before the end of the 24 
month period. 

Statutory Authority G.S. I7E-4. 

.0907 LIMITED LECTURER CERTIFICATION 

(a) The commission may issue a Limited 
Lecturer Certification to an applicant who has 
developed specific or special skills by vulue of 
specific or special training. Only persons 
holding Limited Lecturer Certification in their 
area of expertise may teach the following topic 
areas: 

(1) CPR; 

(2) ControUing Disruptive People; 

(3) Handling Fire Emergencies: Chemistry 
and E\acuation; 

(4) Handling Fire Emergencies: Classifica- 
tion and Extinsuishing; 



7i7 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(5) Medical Care in the Jail; 

(6) Psychological Disorders: Psychotic and 
Neurotic Personality; 

(7) Transportation of Inmates; 

(8) Stress; 

(9) Written Communication. 

(h) To be eligible for a Limited Lecturer 
Certificate for topic areas set forth in Rule 
.0907(a), the applicant must meet the quali- 
fications as follows: 

(1) CPR: Certified Instructor with the 
American Red Cross or American 
Heart Association; 

(2) Controlling Disruptive People; a Spe- 
cialized Defensive Tactics Instruction, 
certified with the North Carolina Cri- 
minal Justice Education and Training 
Standards Commission; 

(3) Handling Fire Emergencies; Chemistry 
and Evaluation; Certified Eire Instruc- 
tor; 

(4) Handling Eire Emergencies; Classifica- 
tion and Extinguishing; Certified Fire 
Instructor; 

(5) Medical Care in a Jail: A Licensed 
Physician, A Family Nurse Practi- 
tioner, LPN, or RN; ' 

(6) Psychological Disorders; Psvchotic and 
Neurotic Personality; a licensed Psy- 
chiatrist; Psychologist; RN, or person 
holding a degree in counseling or ther- 
apy; 

(7) Transportation of Inmates; A certified 
instructor with the North Carolina Cri- 
minal Justice Education and Training 
Standards Comntission with a mini- 
mum of two years of related or relevant 
experience; 

(8) Stress; A certified instructor uith the 
North Carolina Cnminal Justice Edu- 
cation and Training Standards Com- 
mission with a minimum of two years 
of related or relevant experience; 

(9) Written Communication; a certified in- 
structor with the North Carolina Crim- 
inal Justice Education and Training 
Standards Commission with a mini- 
mum of two years of related or relevant 
experience; or a person with a four year 
degree with a major in English. 

Slatuloiy Auihority G.S. I7E-4. 

.0908 TKRMS AND CONDITIONS OF A 

LIMITED LECTURER CERTIFICATION 

(a) An applicant meeting the require- 
ments for certification as a limited lecturer 
shall, for the first 12 months of certification, 



be in a probationary status. The Limited 
Lecturer Certification, Probationary Status, 
shall automatically expire 12 months from the 
date of issuance. 

(b) The probationary instructor will be 
eligible for full Limited Lecturer status at the 
end of the probationary period if the instruc- 
tor, through application, submits to the com- 
mission: 

(1) a favorable recommendation from a 
school director accompanied by certif- 
ication on a commission-approved In- 
structor Evaluation Form that the 
instructor taught at least four hours in 
each of the topics for which Limited 
Lecturer Certification, Probationary 
Status was granted. Such instruction 
must have occurred in a commission- 
accredited jailer training course during 
the probationary period. The results 
of the student e\aluation must be con- 
sidered by the school director when de- 
termining the recommendation; or 

(2) a favorable written evaluation by a 
commission or staff member, based on 
an on-site classroom evaluation of the 
probationary instructor in a commis- 
sion-accredited jailer training course. 
Such evaluation must be certified on a 
commission-approved Instructor Eval- 
uation Form completed for each of the 
topics where the probationar)' instruc- 
tor taught a minimum of four hours 
(three hours each for topics of stress 
and written communications) and for 
which Limited Lecturer Certification 
was granted. 

(c) The term of certification as a Limited 
Lecturer is two years from the date the com- 
mission issues the certification. The certif- 
ication may subsequently be renewed by the 
commission for two-year periods. The appli- 
cation for renewal shall contain, in addition to 
the requirements listed in Rule .0907(b), doc- 
umentary evidence that the applicant has re- 
mained active in the instructional process 
during the previous two-year period. Such 
documentary e\idence shall include, at a mini- 
mum, the following: 

(1) proof that the applicant has, within the 
two-year period preceding application 
for renewal, instructed at least four 
hours (three hours each for topics of 
Stress and Written Communications) in 
each of the topics for which Limited 
Lecturer Certification was granted in a 
commission-accredited jailer training 
course. 



NORTH CAROLINA REGISTER 



738 



PROPOSED RULES 



(2) a favorable written recommendation 
from a school director that the appli- 
cant successfully taught at least four 
hours (three hours each for topics of 
Stress and Written Communications) in 
each of the topics for which Limited 
Lecturer Certification was granted 
within the two-year period of Limited 
Lecturer Certification, 
(d) Upon apphcation for reccrtification, 
such applicants shall be required to meet the 
minimum requirements of this Section. 

(c) The use of guest participants in a de- 
hver>' of the Jailer Training Course is permis- 
sible. However, such guest participants are 
subject to the direct on-site supervision of a 
commission-certified instructor and must be 
authorized by the school director. A guest 
participant shall only be used to complement 
the primary certified instructor of the topic 
area and shall in no way replace the primary 
instructor. 

Statutory Authority G.S. I7E-4. 

SKCTION .1000 - PROFESSIONAL 

CKRTIKIC.\TE PROCKAM FOR DEPLTY 

SHERIFFS 

.1001 PLRPOSE 

In order to recognize the le\el of compe- 
tence of deputy sheriffs serving the sheriffs' 
departments of North Carolina, to foster in- 
creased interest in college education and pro- 
fessional law enforcement training programs 
and to attract liighly qualified indi\iduals into 
a law enforcement career, the North Carolina 
Sheriffs' Education and Trainmg Standards 
Commission establishes the Deputy Sheriffs' 
Professional Certificate Program. This pro- 
gram is a method by which dedicated deputy 
sheriffs may receive local, state-wide and na- 
tion-wide recognition for education, profes- 
sional training and on-the-job experience. 

Statutory Authority G.S. I7E-4. 

.1002 GENERAL PROVISIONS 

(a) In order to be eligible for one or more 
of the professional awards, a deputy sheriff 
shall first meet the following preliminar>' qual- 
ifications: 

( 1 ) The deputy sheriff shall hold a valid 
General or Cjrandfather Certification. 
An officer ser\'Lng under a probationary' 
certification is not eligible for consider- 
ation. 



(2) The deputy sheriff shall be familiar with 
and subscribe to the Law Enforcement 
Code of Ethics. 

(3) The deputy sheriff shall be a full-time, 
sworn, paid member of a North Caro- 
lina Sheriff's Department, as certified in 
writing by the sheriff. 

(4) Full-time, paid employees of a North 
Carolina Sheriif's Department who 
have successfully completed a commis- 
sion-accredited basic law enforcement 
training course and have previously 
held general law enforcement officer 
certification but are presently, by virtue 
of promotion or transfer, ser\'ing in 
non-swom positions not subject to cer- 
tification are eligible to participate in 
the professional certificate program. 
Eligibihty for this exception requires 
continuous employment with the sher- 
iff's department from the date of pro- 
motion or transfer from a sworn, 
certified position to the date of applica- 
tion for a professional certificate. 

(5) Only training and 'or experience gained 
in an officer's area of expertises will be 
eligible for application to this program. 

(b) Certificates are awarded based upon 
a formula which combines formal education, 
law enforcement training, and actual experi- 
ence as a lau' enforcement officer. These pro- 
fessional certificates are appropriate for 
full-time, sworn deputy sheriff's. Points are 
computed in the following manner: 

(1) Each semester hour of coUege credit 
shall equal one point and each quarter 
hour shall equal two-thirds of a point; 

(2) Twenty classroom hours of commis- 
sion-approved law enforcement training 
shall equal one point; 

(3) Only experience as a full-time, sworn, 
paid member of a law enforcement 
agency or equivalent experience shall 
be acceptable for consideration. 

Statutory Authority G.S. I7E-4. 

.1003 BASIC LAW ENFORCEMENT 
CERTIFIC.\TE 

In addition to the qualifications set forth 
in Rule .1002, an applicant for the Basic Law 
Enlbrcement Certificate shall have no less than 
one year of service, and shall have completed 
an accredited basic law enforcement training 
course or the equivalent as determined by the 
commission. 

Statutory Authoritv G.S. I7E-4. 



739 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.1004 IMF.RMEDIATE LAW ENFORCEMENT 
CERTIFICAIE 

(a) In addition to the qualifications set 
forth in Rule .1002, applicants for the Inter- 
mediate Law Enforcement Certificate who 
completed a minimum 160-hour basic law en- 
forcement training course accredited by the 
North Carolina Criminal Justice Training and 
Standards Council under guidelines adminis- 
tered beginning on July I, 1973 and continuing 
through September 30, 1978 or who completed 
a minimum 240-hour basic law enforcement 
training course accredited by the North Caro- 
lina Criminal Justice Education and Training 
Standards Commission and the North Caro- 
lina Sheriffs' F'ducation and Training Stand- 
ards Commission under guidelines 
administered between October I, 1978 and 
continuing through September 30, 1984, shall 
possess or be ebgible to possess the Basic Law 
Enforcement Certificate and shall have ac- 
quired the following combination of educa- 
tional points or degrees, law enforcement 
training points and years of law enforcement 
experience. 
Educational Degrees A^VAS AB/BS 

Years of Law 

Enforcement 

Experience 8 6 4 4 2 



Minimum Law 
Enforcement Training 
Points 



15 



14 



Minimum Total 
Education and Training 
Points 30 



60 90 15 



14 



Experience 



Minimum I.aw 
Enforcement Training 
Points 



22 



21 



Minimum Total 
Education and Training 
Points 37 



67 97 22 



21 



(c) In addition to the qualifications as set 
forth in Rule .1002, applicants for the Inter- 
mediate Law Enforcement Certificate who 
completed a minimum 369-hour basic law en- 
forcement training course accredited by the 
North CaroUna Criminal Justice Education 
and Training Standards Commission under 
guidehnes administered beginning October I, 
1984 and continuing through July I, 1988 shall 
possess or be eligible to possess the Basic Law 
Enforcement Certificate and shall have ac- 
quired the following combination of educa- 
tional points or degrees, law enforcement 
training points and years of law enforcement 
experience. 
Educational Degrees AA/AS ABBS 



Years of Law 

Enforcement 

Experience 



Minimum Law 
Enforcement Training 
Points 



22 



21 



Minimum Total 
Education and Training 
Points 37 



67 97 22 



21 



(b) In addition to the qualifications set 
forth in Rule .1002, applicants for the Inter- 
mediate Law Enforcement Certificate who 
completed a minimum 381 -hour basic law en- 
forcement training course accredited by the 
North Carolina Sheriffs' Education and Train- 
ing Standards Commission under guidelines 
administered beginning October I, 1984 and 
continuing through July I, 1988, shall possess 
or be eligible to possess the Basic I^w En- 
forcement Certificate and shall have acquired 
the following combination of educational 
points or degrees, law enforcement experience: 
Educational Degrees /\v\/'AS AB/BS 

Years of Law 
Enforcement 



(d) In addition to the qualifications set 
forth in Rule .1002, applicants for the Inter- 
mediate Law Enforcement Certificate who 
completed a minimum 425-hour basic law en- 
forcement training course accredited by the 
North Carolina Sheriffs' Education and Train- 
ing Standards Commission under guidelines 
administered beginning July I, 1988 shall pos- 
sess or be eligible to possess the Basic Law 
Enforcement Certificate and shall have ac- 
quired the following combination of educa- 
tional points or degrees, law enforcement 
training points and years of law enforcement 
experience. 
Educational Degrees AA/AS AB/BS 

Years of Law 



NORTH CAROUNA REGISTER 



740 



PROPOSED RULES 



Enforcement 
Experience 



Minimum Law 
Enforcement Training 
Points 



24 



23 



Minimum Total 
Education and Training 
Points 39 



69 99 24 



(e) In addition to the qualifications set 
forth in Rule .1002, applicants for the Inter- 
mediate law Enforcement Certificate who 
completed a minimum 412-hour basic law en- 
forcement training course accredited by the 
North Carolina Criminal Justice Education 
and Training Standards Commission under 
guidelines administered beginning July 1, 1988 
shall possess or be eligible to possess the Basic 
Law Enforcement Certificate and shaU have 
acquired the following combination of educa- 
tional points or degrees, law enforcement 
training points and years of law enforcement 
training experience: 
Educational Degrees A.'\;AS AB/BS 



Years of Law 

Enforcement 

Experience 



Minimum Law 
Enforcement Training 
Points 



24 



23 



Minimum Total 
Education and Training 



Points 



39 69 99 24 



(f) Educational points claimed shall have 
been earned at a technical institute, technical 
college, community college, junior college, 
college or university accredited as such by the 
Department of Education of the state in wiiich 
the institution is located, the appropriate re- 
cogni?.ed accrediting body or the state univer- 
sity of the state in which the institution is 
located. 

Statuloty Authority G.S. I7E-4. 

.1005 .\n\ ANCKD LAW KNKOKCKMKNT 
CEKIII ir.VTK 

(a) In addition to the qualifications set 
forth in Rule .1002, persons who completed a 
minimum 16n-hour basic law enforcement 



training course accredited by the North Caro- 
lina Criminal Justice Training and Standards 
Council under guidelines administered begin- 
ning on July 1, 1973 and continuing through 
September 30, 1978 or who completed a mini- 
mum 240-hour basic law enforcement training 
course accredited by the North Carolina Cri- 
minal Justice Education and Training Stand- 
ards Commission and the North CaroUna 
Sheriffs' Education and Training Standards 
Commission under guidelines administered 
between October I, 1978 and continuing 
througli September 30, 1984 shall possess or 
be eligible to possess the Intermediate Law 
Enforcement Certificate and shall have ac- 
quired the following combination of educa- 
tional points or degrees, law enforcement 
training points and years of law enforcement 
experience: 
Educational Degrees AA/AS AB/BS 



Years of Law 

Enforcement 

Experience 



12 



.Minimum Law 
Enforcement Training 
Points 



24 



Minimum Total 

Education and Training 

Points 60 90 24 



GRAD./PRO. 

4 
14 
14 



(b) In addition to the qualifications set 
forth in Rule .1002, persons who completed a 
minimum 381 -hour basic law enforcement 
training course accredited by the North Caro- 
lina Sheriifs' Education and Training Stand- 
ards Commission under guidelines 
administered beginning October 1, 1984 and 
continuing through July 1, 1988 shall possess 
or be eligible to possess the Intermediate Law 
Enforcement Certificate and shall have ac- 
quired the following combination of educa- 
tional points or degrees, law enforcement 
experience. 
Educational Degrees AA/AS AB/BS 



Years of Law 



741 



NORTH CAROUNA REGISTER 



PROPOSED RULES 



Enforcement 
Experience 



12 



Minimum Law 
Enforcement Training 
Points 



31 



25 



Minimum Total 

Education and Training 

Points 67 97 31 



25 



GRAD./PRO. 
4 
21 
21 



(d) In addition to the qualifications as set 
forth in Rule .1002, apphcants for the Ad- 
vanced Law Enforcement Certificate who 
completed a minimum 425-hour basic law en- 
forcement training course accredited by the 
North Carolina Sheriffs' Education and Train- 
ing Standards Commission under guidelines 
administered beginning July 1, 1988 shall pos- 
sess or be eligible to possess the Intermediate 
Law Enforcement Certificate and shall have 
acquired the following combination of educa- 
tional points or degrees, law enforcement 
training points and years of law enforcement 
experience. 
Educational Degrees AA/AS AB/BS 



Years of Law 

Enforcement 

Experience 



12 9 



(c) In addition to the qualifications as set 
forth in Rule .1002, applicants for the Ad- 
vanced Law Enforcement Certificate who 
completed a minimum 369-hour basic law en- 
forcement training course accredited by the 
North Carolina Criminal Justice Education 
and Training Standards Commission under 
guidelines administered beginning October 1, 
1984 and continuing through July 1, 1988 shall 
possess or be eligible to possess the Interme- 
diate Law Enforcement Certificate and shall 
have acquired the following combination of 
educational points or degrees, law enforcement 
training points and years of law enforcement 
experience. 
Educational Degrees AA/AS AB/BS 



Minimum Law 
Enforcement Training 
Points 



33 



27 



Minimum Total 

Education and Training 

Points 69 99 33 



27 



GRAD./PRO. 
4 
23 
23 



Years of I aw 
Enforcement 
Experience 12 


9 


9 


6 


Minimum Law 
Enforcement Training 
Points 




31 


25 


Minimum Total 
Education and Training 
Pomts 67 


97 


31 


25 


OR AD. 

4 


PRO. 






21 








21 







(e) In addition to the qualifications set 
forth in Rule .1002, apphcants for the Ad- 
vanced Law Enforcement Certificate who 
completed a minimum 412-hour basic law en- 
forcement training course accredited by the 
North Carolina Criminal Justice Education 
and Training Standards Commission under 
guidelines administered beginning July 1, 1988 
shall possess or be eUgible to possess the In- 
termediate Law Enforcement Certificate and 
shall have acquired the following combination 
of educational points or degree, law enforce- 
ment training points and years of law enforce- 
ment experience. 
Educational Degrees AA/AS AB/BS 

Years of Law 

Enforcement 

Experience 12 9 9 6 



NORTH CAROLINA REGISTER 



742 



PROPOSED RULES 



Mmimum Law 
Enforcement Training 
Points 



33 



27 



Minimum Total 

Education and Training 

Pomts 6Q 99 33 27 

GRAD. PRO. 

4 
23 
23 

(f) Educational points ckiimed shall have 
been earned at a technical institute, technical 
college, community college, junior college, 
college or uni\ersity accredited as such by the 
Department of Education of the state in which 
the institution is located, the appropriate re- 
cognized accrediting body or the state univer- 
sity of the state in which the institution is 
located. 

Statutoiy Authority G.S. rE-4. 

.1006 now TO APPL'i 

(a) AU applicants for an award of the 
basic, intermediate or advanced certificates 
shall complete an "Application: Professional 
Certificate Service Award", (E-6). 

(b) Documentation of education and 
training shall be provided by copies of tran- 
scripts, diplomas, Report of Training Course 
Completion, agency training records, or other 
verifying documents attached to the applica- 
tion. 

(c) Documentation of "full-time, paid 
employment" shall be provided h\ a certified 
letter from the dep:irtment's personnelpaNToll 
division verifying such employment. 

(d) The applicant shall submit the "Ap- 
plication: Professional Certificate Service 
Award", (F-6) to his sheriff who shall attach 
his recommendation and forward the applica- 
tion to the commission. Certillcates will be 
issued to the sheriff for award to the applicant. 

Statuioiy Authority G.S. rE-4. 

SKCIION .1100 -.ILSIK K OFFICERS' 
SKRMCF. AWARD PKOtiRAM 

.1101 I'l RPOSF 

In order to recognize Justice Officers' 
loy;il and competent service to a particular 



sheriff's department, and also to the State of 
North Carolina, the commission establishes 
the .Justice Officers' Service Award Program. 
This program is a method by which dedicated 
officers may receive local, state-wide and na- 
tion-wide recognition for their loyal and com- 
petent law enforcement service. 

Statutory Authority G.S. I7E-4. 

.1102 GENERAI PROVISIONS 

(a) In order to be eligible for one or more 
of the service awards, a Justice Officer shall 
first meet the following preliminar>' qualifica- 
tions: 

( 1 ) Justice officer shall hold a valid general 
or grandfather certification. An officer 
serving under a probationar>' certif- 
ication is not eligible for consideration. 

(2) The justice officer shall be familiar with 
and subscribe to the Law Enforcement 
Code of Ethics. 

(3) The justice officer shall be a full-time 
certified, paid member of a North Ca- 
rolina Sheriff's Department, as certilied 
in writing by the sheriff. 

(4) /Vlso, full-time, paid employees of a 
North Carolina Shenff s Department 
who have pre\iously held certification, 
but arc presently, b\ virtue of pro- 
motion or transfer, serving in positions 
not subject to certification are ehgible 
to participate in the sen.ice aw^ard pro- 
gram. Eligibility for this exception re- 
quires continuous employment with a 
sheriff's department from the date of 
promotion or transfer from a certified 
position to the date of application for a 
service award. 

(b) Only experience as a full-time, certi- 
fied, paid member of a law enforcement agency 
or experience as an elected or appointed sheriff 
shall be acceptable for consideration. 

Statutory .Authority G.S. 17E-4. 

.1 103 INTERMEDIATE SERVICE AWARD 

In addition to the quahfications set forth 
in Rule .1 102 an apphcant must have served a 
minimum of 15 years as a fuU-time, certified 
justice officer. 

Statutory Authority G.S. I7E-4. 

.11 04 AD\ ANCED SERV ICE AWARD 

In addition to the qualifications set forth 
in Rule .1102 an applicant must ha\'e served a 



'45 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



minimum of 20 years as a full-time, certified 
justice officer. 

Statutory Authority G.S. I7E-4. 

.1105 HOW TO APPLY 

(a) All applicants for either the Interme- 
diate Service Award or the Advanced Ser\'ice 
Award shall complete an "Application: Pro- 
fessional Certificate/Service Award," (r--6). 

(b) Documentation of the applicant's 
length of service shall be provided by certified 
copies of past Oaths of Office, by certified let- 
ters of verification of full-time employment 
from present and/or former employers (law 
enforcement agencies), or other verifying doc- 
uments attached to the application. 

(c) The applicant shall submit the appli- 
cation to his sheriff who shall attach his re- 
commendation and forward the application to 
the division. The Service .Award will be issued 
to the sheriff for presentation to the applicant. 

Statutory Authority G.S. I7E-4. 

SECTION .1200 -SECTION .1900 RESERVED 
FOR FUTURE CODIFICATION 

SECTION .2000 - IN-SERMCE TRAINING 
FOR OFFICERS 

.2001 IN-SERVICE FIREARMS 

REQLALIFICATION FOR DEPl TV 
SHERIFFS 

(a) The commission shall require all de- 
puty sheriffs authorized to carry a firearm, to 
qualify with their duty weapon a minimum of 
once each year on a commission-approved day 
and night course using service ammunition. 

(b) Sworn personnel who are issued or 
who have access to a shotgun shall be required 
to qualify once each year on a commission- 
approved shotgun day and night course using 
service ammunition. 

(c) Sworn personnel who carry off-duty 
weapons will be required to qualify with their 
off-duty weapons a minimum of once each 
year on a commission-approved day and night 
course with each weapon the officer carries 
off-duty using service ammunition. 

Statutory Authority G.S. I7E-4: I7E-7. 

.2002 MINIMI \1 RFQl IRKMENIS FOR 
IN-SERMCE FIREARMS 
REQUALIFICAIION 

(a) In order to qualiiy for commission 
approval the in-service firearms rcqualification 
program shall include at a minimum the man- 



dated course of fire as specified by the North 
Carolina Sheriffs' Education and Training 
Standards Commission and: 

(b) Topical areas to be included but not 
limited to are: 

(1) Operation and Maintenance of Hand- 
gun; 

(2) Basic Markmanship; 

(3) Range Safety; 

(4) A minimum of one hour of fonnal in- 
struction on Departmental Rules, Reg- 
ulations and Use of Force. 

(c) The commission recommends that 
students be tested on the departmental rules 
and use of force. 

(d) The Specialized Firearms Instructor 
notebook published by the North Carolina 
Justice Academy is hereby adopted by refer- 
ence, and shall automatically include any later 
amendments and editions of the adopted mat- 
ter as authorized by G.S. 1 SOD- 14(c), as the 
approved source for the above mandated top- 
ical areas. 

(e) Any course of fire proposed to be 
used by the sheriff's department must be sub- 
mitted to the commission for approval and 
certification that it is in compliance with this 
Rule .2002. 

Statutory^ Authority G.S. I7E-4: I7E-7. 

.2003 TERMS AND CONDITIONS OF 
IN-SERVICE FIREARMS 
REQIJALIFICATION 

(a) The commission shall require each 
sworn officer authorized to carry a weapon to 
obtain a qualification score of 70 percent ac- 
curacy twice in three attempts with weapons 
as set forth in Rule .2001. If the student qua- 
lifies in the first two attempts, it is not neces- 
sary to qualify the third time. 

(b) Students who do not qualify pursuant 
to Rule .2003(a) must immediately surrender 
their weapons to the sheriff and shall have 30 
days in which to obtain the qualification score 
required by Rule .2003. 

(c) Failure to qualify within the 30 day 
time period allowed in Rule .2003(b) will result 
in the suspension of the officer's certification 
by the commission, unless or until documen- 
tary evidence is received by the conmiission 
from the employing agency verifying that the 
officer has complied with requirements pursu- 
ant to Rules .2001 and .2003. 

Statutory Authority G.S. 17E-4; I7E-7. 

.2004 ADMINISTRATION OF IN-SERVICE 



NORTH CAROLINA REGISTER 



744 



PROPOSED RULES 



I IRKARMS REQl AIJFICATION 

(a) Only Specialized Firearms Instructors 
certified hy the North Carolina Criminal Jus- 
tice Education and Training Standards Com- 
mission may teach in the In-Service Firearms 
Rcqualification Program. 

(b) /Nil documentation of individual stu- 
dents' performance and course data are to be 
recorded on the "BLFT Firearms Qualification 
Record" form 10:()7B in the "Specialized Fir- 
earms Instructor Notebook", published by the 
North Carohna Justice Academy which is 
hereby adopted by reference, and shall auto- 
matically include any later amendments and 
editions of the adopted matter as authorized 
by G.S. 150B-14(c). 

(c) The "BLET Firearms Qualification 
Record" is to be completed on each student 
by the Specialized Firearms Instructor and 
forwarded to the sheriff. If a student fails to 
qualify, the sheriff is to be notified, and it will 
be the sheriff's duty to have the officer surren- 
der his/her weapon pursuant to Rule .2003 and 
to notify the commission in writing within five 
days of the deputy's failure to qualify. 

(d) A copy of the "BLET Firearms 
Qualification Record" shall be placed in each 
officer's personnel file. Such files shall be 
available for examination at any reasonable 
time by representatives of the commission for 
the purpose of verifying comphance with these 
Rules. 

Statutory Authority G.S. I7E-4; I7E-7. 

TITLE 14A - DEPARTMENT OF CRIME 
CONTROL AND PUBLIC SAFETY 



No 



otice is hereby given in accordance with G.S. 
I SOD- 1 2 that the Alcohol Law Enforcement 
Division intends to amend the regulation cited 
as NA NCACSB .0/01. 

1 he proposed effective dale of this action is 
Mav I. I9SS. 



Th 



he public hearing will be conducted at 10:00 
a.m. on Eebruaty 15, I9S8 at The Library, 
.'{rchdale Building. Raleigh, \C. 

C oinment Procedures: .-iny interested person 
may present comments relevant to the action 
proposed at the public hearing either in written 
or oral form. Written statements not presented 
at the public hearing may be directed prior to 
Eebruary 15. I9SS to the Administrative Proce- 
dures Coordinator. Second Floor, A rchdale 



Building, 512 N. Salisbury Street, Raleigh or 
P.O. Box 27687, Raleigh, .VC 27611-7687. 

CHAPTER 8 - ALCOHOL LAW 
ENFORCEMENT 

SLBCHAPTER 8B - PERSONNEL 
REGULATIONS 

SECTION .0100 - EMPLOYMENT 
REGULATIONS 

.0101 ALE MANUAL ADOPTION BY REFERENCE 

(a) The Alcohol Law Enforcement Divi- 
sion of the Depaitment of Crime Control and 
Public Safety adopts by reference the portions 
of the ALE Manual, Personnel Regulations 8B 
.0100-. 0400, effective May h V^Ur Mav 1, 
1988. 

(b) Copies of the manual may be in- 
spected in the Office of Administrative Hear- 
ings, Raleigh, North Carohna or the ALE 
Division Office, Ground Floor, Archdale 
Building, 512 N. Salisbury Street, Raleigh, 
North Carolina. 

Statutory- Authority G.S. I8B-500; I43B-I0; 
I50B-II: I SOB- 14. 



i V Otice is hereby gi\'en in accordance with G.S. 
J SOB- J 2 that the Highway Patrol Division in- 
tends to amend regulations cited as I4A NCA C 
9B .0101: MA NCAC 9H .0701 and repeal 14A 
NC.4C 9H .0702. 

1 he proposed effective date of this action is 
May L 1988. 

1 he public hearing will be conducted at 10:30 
a.m. on Eebruaty IS, 1988 at Ehe Library, 2nd 
Eloor. Archdale Building, Raleigh, NC. 

(_ omment Procedures: Any interested person 
may present comments relevant to the action 
proposed at the public hearing either in written 
or oral form. Written statements not presented 
at the public hearing may be directed prior to 
February IS. 1988 to the Administrative Proce- 
dures Coordinator, Second Floor, Archdale 
Buildins,, 512 N. Salisbury Street. Raleigh or 
P.O. Bo.x 27687. Raleigh, NC 2761 1-7687. 

CHAPTER 9 - STAl E HIGHWAY PATROL 

SUBCHAPTER 9B - PERSONNEL 
REGULAIIONS 



745 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



SECTION .0100 - EMPLOYMKNT 
KF.GLLATIONS 

.0101 HIGHWAY PATROL MAM AL 
ADOPTION BY REFERENCE 

(a) The State Highway Patrol Division 
of the Department of Crime Control and 
Public Safety adopts by reference the portions 
of the Highway Patrol Manual, Personnel Re- 
gulations"9B .blOO-.0400, effective October h 
¥^Ur May 1. 1988. 

(b) Copies of the Manual may be in- 
spected in the Office of Administrative Hear- 
ings, Raleigh, North Carolina or the Highway 
Patrol Headquarters, First Floor Archdale 
Building, 512 N. Salisbury Street, Raleigh, 
North Carolina. 

Stalutorv Authority G.S. 20-184; 20-1S5; 20- 
IS7; 20-188: 126-16: I43B-I0; 150B-I1; 
I50B-I4. 

SLBCHAFTER 9H - ENFORCEMENT 
REGLL.VTIONS 

SECTION .0700 - USE OF PHYSICAL FORCE: 
FIREARMS 

.0701 LSE OF FORCE 

Members shall use physical force in arrest 
and custody situations in strict conformance 
with the United States Constitution and the 
Constitution and laws of North CaroUna as 
stated in G.S. 15A-401. G e neral Statut e 
15A 101(d)(1) provider . : '-^^ t-se ef Forc e » 
Arroot . — (-4-^ Subject te Ae pros'i '. ion - i »f i . ubdi 
vision f^ [tiee R e gulation .0702 ef Ai* Section 
fo* Ae t«*t- »f Subi i L ' ction f^-^fr a law onforoo 
m e nt offic e r i* ju - jtificd » u ' jing forc e upon 
another porr . on when aft4 to tl*e extent t4wrt- be 
roasonably belieseo k- noce ' jiiary: frH -fe pfe- 
veftt- t4*e ef . capo from cur . tody ef t+» e ffect aft 
arroot ©f a pon . on who be rear . onably bolievoo 
has committed a criminal offonoo, unless he 
laio' i i i s Aa* the arrest i* unauthori;'.od; ©f fb^ 
¥e defend himself e* a third person from Vfhat 
he reasonably belie^' e s te- be the »«* »f immi 
fieftt- «*e ef physical forc e while effecting t*f 
attemptmg te effect aft arrest &f while pfe- 
vonting Bf attempting te prev e nt aft escape." 

Statutofy Authoritv G.S. 20-184: 20-185: 20- 
187; 20-188; I5A-40I. 



.0702 LIMITATIONS ON THE LSE OF DEADLY 
PinSICAL FORCE (REPEALED) 



Statutory Authority G.S. 20-184; 20-/85; 20- 
187; 20-/88; /5A-40I. 

TITLE 15 - NATURAL RESOURCES AND 
COMMUNITY DEVELOPMENT 

1\ otice is hereby given in accordance with G.S. 
/50B-/2 that the Dix'ision of Emironmental 
Management (Environmental M anagement 
Commission) intends to amend the regulation 
cited as /5 NCAC 2B .0309. 

1 he proposed effective date of this action is 
July /, /988. 

1 he public hearing will be conducted at 7:30 
p.m. on February 25, /988 at Dixon Audito- 
rium, Elkin High School, 304 Elk Spur Street, 
Elkin, North Carolina 2862/. 



Co 



■ omment Procedures: All persons interested 
in this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or wit/iin 
30 days after the hearing or may be presented 
orally at the hearing. Oral statements may be 
limited at the discretion of the hearing officer. 
Submittal of written copies of oral statements 
is encouraged. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SLRFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0309 YADKIN-PEE DEE RIVER BASIN 

(c) The Yadkin-Pee Dee River Basin 
Schedule of Classifications and Water Quality 
Standards was amended effective: 

(1) February 12, 1979; 

(2) March 1, 1983; 

(3) August 1, 1985; 

(4) February 1, 1986; 

(5) July 1, 1988. 

(d) The Schedule of Classifications and 
Water Quahty Standards for the Yadkin-Pee 
Dee River Basin has been amended effective 
July 1, 1988 as follows: 

ill .MitcheU River [Index No. 12-62-(r)l 
from source to mouth of Christian 
Creek (North Fork Mitchell River) in- 
cluding all tributaries has been reclassi- 
fied from Class B Tr to Class B Tr 
ORW. 



NORTH CAROUNA REGISTER 



746 



PROPOSED RULES 



{A 



til 



Mitchell River | Index No. 12-62-(7)| 
from inoiith ot^^ Chnstian (?reck (North 
1 ork Milehell Ri\er) to Surr% Countv 
SR_ 1315 including all tnbutanes has 
been reclassified from ('lass C Vr to C 
Tr ()!^W. except Christian Creek and 
Robertson Peek which will be reclas- 
sified from Class B Xl !£ ^ l^^^s B Tr 
ORW. 

Mitchel 



River [Index No. 12-62-(12)| 



from Snm" Countv SR 1 .M 5 to mouth 
of South 1 ork Mitchell River including 
all tnbut^tries trom Class C to Class C 
ORW. 



Stanuoty Aui/ioritv G.S. 143-214.1; 143-215.1; 
/43-2/5.3(a)(/). ' 



****************** 



No 



otice is hereby gh-en in accordance with G.S. 
I SOB- 1 2 that the Di\ision of Environmental 
Management { Environmental .Management 
Commission) intends to amend the regulation 
cited as 15 SC.iC 2B .03/5. 



1 he proposed e/feclivc date of this action is 
Jidy I. I9SS. 

1 he public hearing will be conducted at 7:30 
p.m. on Febmaty P, I98S at Ground Floor 
Hearing Room. Archdale Building. 5/2 \orth 
Salisbuty St.. Raleiiih. North Carolina 276/ / . 



Cc 



omment Procedures; A II persons interested 
in this matter are imited to attend. Comments, 
statements, data, and other information may be 
.submitted in writing prior io. during, or wit/iin 
30 days after t/ie hearing or may be presented 
orally at the /tearing. Oral statements may be 
limited at the discretion of t/ie /learing officer. 
Submittal of written copies of oral statements 
is encouraged. 

CIIAI'IKR 2 - KNMRONMEM AL 
MAN AC KM KM 

SL BCH.VPTKR 2B - SI RKACE W.\TKR 
STANDARDS: MONKrORING 

sKcnoN .(WOO - ass!(;nmkn I of S IRKAM 

CKASSIFI CATIONS 

.0315 NELSK Rl\ KR BASIN 

(b) The Neuse Ri\er liasin Schedule of 
Classification and Water Quality Standards 
was amended effective: 



(1) March 1, 1977; 

(2) December 13, 1979; 

(3) September 14, 1980; 

(4) August 9, 1981; 

(5) January- 1, 1982; 

(6) Apnl 1, 1982; 

(7) December 1, 1983; 

(8) January 1, 1985; 

(9) August 1, 1985; 

(10) February 1, 1986; 

(11) Julv 1. 1988. 

(c) The Schedule of Classifications and 
\\'ater C)ualitv Standards for the Neuse River 
Basin has been amended effectn'c Jul\- L 1988 
as folio v\s: 



( 1) Walnut Creek (1 ake Johnson. I ake 
Raleiah) [Index No. 27-34-(l)|. lake 
Johnson and 1 ake Raleigh ha\e been 
reclassified from Class WS-lIl to Class 
WS-111 and B. 

(2) 1 law Creek (Camp Charles I^ke) (In- 
dex No. 27-S6-3-7) from the backwaters 
of (?amp Charles I ake to dam at Camp 
Charles 1 ake has been reclassified from 
Class C to Class B. 



Statiuon' Authority G.S. /43-2/4./; /43-215./; 
/43-2/5.3(a)(lj. 



i V Otice is hereby gi\-en in accordance with G.S. 
/SOB-/ 2 that the Di\ision of Fm'ironmental 
.Management (Environmental Management 
Commission) intends to amend the regulation 
cited as IS NCAC 2B .0316. 

1 he proposed effective date of this action is 
July I. I9SS. 

1 /le pub/ic /tearing will be conducted at 7;30 
p.m. on February 24. I9SS at Commission's 
Auditorium, Pitt County Office Bui/ding, 1717 

West Sth Street, Greemille, North Carolina 
27 834. 



Cc 



omment Procedures; A// persoru interested 
in this matter are imited to attend. Comments, 
statements, data, and ot/ier information may be 
submitted in writing prior to. during, or within 
30 days after the hearing or may be presented 
orally at the hearing. Oral statements may be 
limited at t/\c discretion of the /rearing officer. 
Submittal of written copies of ora/ statements 
is encouraged. 



747 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



CIIAITKR 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0316 lAR-PAMLICO RIVER BASIN 

(c) The Tar- I'amlico River Basin Sched- 
ule of Classification and Water Quality Stand- 
ards was amended effective; 

(1) .March 1, 1977; 

(2) November 1, 1978; 

(3) June 8, 1980; 

(4) October 1, 1983; 

(5) June 1, 1984; 

(6) August 1, 1985; 

(7) I-ebruary 1, 1986; 

(8) July 1, 1988. 

(d) The Schedule of Classifications and 
Water Qualit\ Standards for the lar-Pamhco 
Ri\er Basin has been amended effecti\e .luly 
1, 1988 as follows: 



(1) Tar River (Index No. 2R-'-)4) from a 
point 1.2 miles downstream of Broad 
Run to the upstream side of Tranters 
Creek from Class C to (Tlass B. 

Statutory AuthorUv G.S. 143-214. 1; 143-215.1; 
l43-2l5.3(a}(l). 



lyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Environmental Management 
Commission intends to amend regulations cited 
as 15 NCAC 2D .0/01; .0103; .0302; .0304; 
.0403; .0501; .0524; .0525; .0528; .0529; .0530; 
.0531; .0532; .0604; .0606; .0608; .0913; .0916; 
.0939; .0940; 2H .0601; .0603; .0607; adopt 
regulations cited as 15 NCAC 2D .0104; .0409; 
and repeal the regulation cited as 15 NCAC 2D 
.06/0. 

I he proposed effective date of this action is 
July /. /988. 

1 he public hearing will be conducted at 2;00 
p.m. on February /5, /988 at Ground Floor 
Hearing Room. Archdale Building, 5/2 North 
Salisbwy Street, Raleigh, North Carolina. 



proposals are requested to give written notice 
thereof on or before the hearing date. Any 
person desiring to present lengthy comments is 
requested to submit a written statement for in- 
clusion in the record of proceedings at the public 
hearing. The record of proceedings will remain 
open for 30 days following the hearing to receive 
additional written statements. To be included, 
the statement must be received by the depart- 
ment within 30 days. 

Additional information concerning the 
hearing or the proposals may be obtained by 
contacting; 

Mr. Thomas C. Allen 

Dh'ision of Environmental Management 

P.O. Box 27687 

Raleigh, North Carolina 276// -7687 

(9/9 J 733-3340 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIREMENTS 

SECTION .0100 - DEFINITIONS AND 
REFERENCES 

.0101 DEFINITIONS 

(18) "Total Suspended particulate" means 
any finely di\'ided solid or liquid material, 
except water in uncombined form, that is 
or has been airborne eaft fen* quantitatively 
e Kpresf i od m microgramo pef cubic m s tor. 
as measured by methods specified in this 
Subchapter. 

(25) "P\l 10" means particulate matter with 
an aerodynamic diameter less than or 
equal to a nominal ten micrometers as 
measured bv methods specified in this 
Subchapter. 

(26) "Air pollutant" means particulate mat- 
ter, dust, fumes, gas, mist, smoke, vapor, 
or any other air contaminant. 

(27) "Construction" means any physical 
change, including fabrication, erection, 
installation, or demohtion, of a facility, 
source, or air pollution control equip- 
ment. 



Co 



'Omment Procedures; All persons interested 
in this matter are imited to attend the public 
hearing. Persons desiring to comment on the 



(28) "Facility" means all of the pollutant 
emitting acti\'ities that are located on one 
or more contiguous or adjacent properties 
and that are under the control of the same 
person or persons under common control. 

(29) "Owner or operator" means any person 
who owns, leases, operates, controls, or 
supervises a facility, source, or air pol- 
lution control equipment. 



NORTH CAROLINA REGISTER 



748 



PROPOSED RULES 



(30) "Pcnnitted" means any source subject 
to a permit under this Suhchapter or Sec- 
tion 15 NCAC 211 .0600. 

(31) ''Source" means any stationar\" article, 
machme. process equipment, or other 
contri\ancc or any tank-truck, trailer or 
railroad tank car from which air pollutants 
emanate or are emitted, either directly or 
indirectly. 

Staiulon Authoritv G.S. 143-215.3 (a) (I); 
143-213. 

.0103 COPIKS OF RKFERENCED FEDKR.\L 
REGl I ATIONS 

(a) Copies of applicable Code of Federal 
Regulations sections referred to in this Sub- 
chapter are ayailable for public inspection at 
Department of Natural Resources and Com- 
munity De\-elopment regional offices. They 
are: 

(6) Washington Regional Office, 4405 
North Market St root, i^e^ Offico Be* 
1507. 1424 Carolina .Avenue. Fansh 
Building. W'ashinsiton, North CaroUna 
27S8Q; 

Slatiiloty Authority G.S. I SOB- 14. 

.0104 .ADOPTION B'i REFERENCE I PDATES 

The Code of Federal Regulations adopted 
by reference in this Subchapter shall automat- 
ically include any later amendments thereto as 
allowed by G.S. 150B- 14(c). However, new 
types of sources in 40 CFR Part 60 and 61 for 
which new source performance standards or 
national emission standards for hazardous air 
pollut;mts have been promulgated by FPA are 
not automatically included in these Regu- 
lations. These new types of sources shall be 
adopted as part of Regulation .0524 or .0525 
of this Section using rule making procedures. 

Statutory Authority G.S. I SOB- 14. 

SECTION .0.^00 - .4IR POLLUTION 
EMER(,ENCIES 

.0302 EPISODE C RII ERI A 

Conditions justitying the proclamation of 
an air pollution alert, air pollution warning, or 
air pollution emergency shall be deemed to 
exist whene\er the director determines that the 
accumulation of air contaminants in any place 
is attaining or has attained levels which could, 
if such le\els are sustained or exceeded, lead to 
a threat to the health of the public. In making 
this determination, the director shall be guided 
b\' the followins criteria: 



(2) Alert. The alert level is that concen- 
tration of pollutants at which first stage 
control actions are to begin. The director 
shall proclaim an alert when any of the 
following levels is reached at any moni- 
toring site: 

(g) PM10--350 ug'm , 24-hour average; 
and meteorological conditions are such 
that pollutant concentrations can be ex- 
pected to remain at these levels for 12 or 
more hours or increase or, in the case of 
ozone, the situation is likely to reoccur 
witliin the next 24-hours unless control 
actions are taken. 

(3) Warning. The warning level indicates 
that air quality is continuing to degrade 
and that additional abatement actions are 
necessary. The director shall proclaim a 
warning when any one of the following 
levels is reached at any monitoring site: 

(g) PM10--420 ug'm ; 24-hour average; 
and meteorological conditions are such 
that pollutant concentrations can be ex- 
pected to remain at these le\els for 12 or 
more hours or increase or, in the case of 
ozone, the situation is likely to reoccur 
within the next 24 hours unless control 
actions are taken. 

(4) Fmergency. The emergency le\'el indi- 
cates that air quality is continumg to de- 
grade to a level that should never be 
reached and that the most stnngent con- 
trol actions are necessar>'. The Secretary 
of the Department of Natural Resources 
and Community Development with the 
concurrence of the Governor shaU declare 
an emergency when any one of the fol- 
lowing levels is reached at any monitoring 
site: 

(f) nitrogen dio.xide - 3000 ug m (1.6 
p. p.m.), one-hour average; 750 ug/m 
(0.4 p. p.m.), 24-hpur average; 

( g) PM10--500 ug'm-^ . 24-hour average. 

Statutoiy Authority G.S. I43-2IS.3 (a) (I); 
J43-2I5.3 (a) (II). 

.0304 PREPLANNED ABATEMENT PROGRAM 

(a) .Any person who is responsible for the 
operation of a source of air pollution that is 
descnbed m Regulations .0305, .0306, or .0307 
of this Section, or that emits 100 tons per year 
or more of any one pollutant shall prepare a 
plan to reduce the emissions of air pollutants 
into the outdoor atmosphere during periods 
of an air poUution episode. The plan shall be 
consistent with good industrial practices and 
safe operating procedures. Th« ptea shall be 



749 



NORTH CAROUNA REGISTER 



PROPOSED RULES 



oubmitt e d by April 3^7 1972, te Ae oommis 
6ie» fof rcviow afni upiToval. 

Statutory Authority G.S. 143-215.3 (a) (I); 
143-215.3 (a) (II). 

SECTION .0400 - AMBIKNT AIR QUALITY 
STANDARDS 

.0403 TOTAL SLSPENDF.D PARTICULATES 

(a) The ambient air quality standards for 
total suspended particulate matter are: 

(1) 75 micrograms per cubic meter annual 
geometric mean, 

(2) 1 50 micrograms per cubic meter maxi- 
mum 24-hour concentration not to be 
exceeded more than once per year. 

(b) Sampling and analysis shall be in ac- 
cordance with procedures in Appendix B of 40 
C.F.R Part 50 or equivalent methods estab- 
Ushed under 40 CFR Part 53. 

Statutorv Aulhoritv G.S. 143-215.3 (a) (I); 
143-215.107 (a) (3). 

.0409 PARTICULATE MATTER 

(a) The ambient air quality standards for 
particulate matter are: 

(1) 150 micrograms per cubic meter 
(ug/m ), 24-hour a\erage concentration; 
and 

(2) 50 micrograms per cubic meter (ug'm 
), annual arithmetic mean. 

These standards are attained when the ex- 
pected number of days per calendar year with 
a 24-Jiour average concentration above 150 
ug/m is equal to or less than one or when the 
expected annual arithmetic mean concen- 
tration is less than or equal to 50 ug/m , as 
determined in accordance with Appendix K of 
40 CFR Part 50. 

(b) For the purpose of determining at- 
tainment of the standards in Paragraph (a) of 
this Regulation, particulate matter shall be 
measured as P.MIO (particles with an aero- 
dynamic diameter less than or equal to a no- 
minal ten micrometers) by: 

(1) a reference method based on Appendix 
J of 40 CFR Part 50 and designated in 
accordance with 40 CFR Part 53; or 

(2) an equi\alent method designated in ac- 
cordance with 40 CI'R Part 53. 

Statutory Authority G.S. 143-215.3 (a) (I); 
143-215.107 (a) (3). 

SECTION .0500 - EMISSION CONTROL 
STANDARDS 



.050! COMPLIANCE WITH EMISSION 
CONTROL STANDARDS 

(c) Testing to determine compliance shall 
be in accordance with the following proce- 
dures, except as may be otherwise required in 
Regulations .0524, .0525, and .0604 of this 
Subchapter: 

( 16) Particulate testing on steam generators 
that utilize soot blowing as a routine 
means for cleaning heat transfer surfaces 
shaU be conducted so that the contrib- 
ution of the soot blowing is represented 
as follows: 
(A) If the soot blowing periods are ex- 
pected to represent less than 50 percent 
of the total particulate emissions, one 
of the test runs shall include a soot 
blowing cvcle. 



(B) If the soot blowing periods are ex- 
pected to represent more than 50 per- 
cent of the total particulate emissions 
then two of the test runs shall each in- 
clude a soot blowing cvcle. 



F, 



Under no circumstances shall all three test 
runs include soot blowing. The average 
emission rate of particulate matter is cal- 
culated by the equation: 



avg - Hs SiA _i Bi + I'^N ( R : ^ - B S) 
A R R A R 

F.T^q equals the average emission rate in 
pounds per million Btu lor daily operating 
time. Fs equals the average emission rate 
in pounds per million Btu of sample(s) 
containing soot blowing. F\: equals the 
average emission rate in pounds per mil- 
hon Btu of samplc(s) with no soot blow- 
ing. A equals hours of soot blowing 
during sample(s). B equals hours without 
soot blowing during sample(s) containing 
soot blowing. R equals average hours of 
operation per 24 hours. S equals average 
hours of soot blowing per 24 hours. If 
large changes in boiler load or stack flow 
rate occur during soot blowing, other 
methods of prorating the emission rate 
may be considered more appropriate; for 
these tests the director or his designee may 
approve an alternate method of prorating. 
f4-4) ( 17) Fmissions of volatile organic 
compounds shall be measured by the 
appropriate test procedure in Section 
.0900 of tliis Subchapter. 
f44^ ( 1 8) Upon prior approval by the director 
or his delegate, test procedures different 
from those described in this Regulation 
may be used. Furthermore, the director 
or his delegate has the option to pre- 
scribe alternate test procedures on an 



NORTH CAROLINA REGISTER 



750 



PROPOSED RULES 



mdi\idual basis when he considers that 
the action is necessary to secure reliable 
test data. In the case of sources for 
which no test method is named, the di- 
rector or his delegate has the authority 
to prescribe or approve methods on an 
individual basis, 
fg^ ?44# ' i njrr . ion »f U^ m ft ho do rc?forrod 
to t» Puraoruph ftH f*^ t44* Roaulution » ti«ri- 
' i vhioh appeared m tht^ Code (-4 bodural Rogu 
lutiono ati e4- NosLMnbor 4t n ) ij' i 6. 

Statutory Authority G.S. 143-215.3 (a) (1); 
143-215.107 (a) (5);143-2I5.68. 

.0524 NKW SOI RCE PERFORM ANCK 
ST.ANDAROS 

(a) Sources of tlie following types when 
subject to new source performance standards 
promulgated in 40 CFR Part 60 shall comply 
with the emission standards, monitoring and 
reporting requirements, maintenance require- 
ments, notification and record keeping re- 
quirements, performance test requirements, 
test method and procedure provisions, and any 
other pro\'isions, as required therein, rather 
than with any otherwise-applicable regulation 
in this Section or Section .0900 of tlris Sub- 
chapter which would be in conflict therewith: 

( 1 ) fossil fuel-fired steam eenerators (40 
CIR 60.1 to 60.49, Subpart D): 

(2j incinerators (40 CFR 60.1 to 60.39 and 
60.50 to 60.59. Subpart E): 

(3) Portland cement plants (40 CFR 60.1 
to 60.39 and 60.60 to 60.69, Subpart 

(4) nitnc acid plants (40 CFR 60.1 to 60.39 
and 60.70 to 60.79, Subpart G): 

(5) sulfuric acid plants (40 CFR 60.1 to 
60.39 and 60.80 to 60.89, Subpart H); 

(6) asphalt concrete plants (40 CFR 60.1 
to 60.39 and 60.90 to 60.99. Subpart 

(7) petroleum refineries (40 CFR 60.1 to 
60.39 and 60.100 to 60.109. Subpart J); 

(8) storage \'essels for petroleum liquids (40 
CFR 60.1 to 60.39 and 60.110 to 
60.119, Subpart K): 

(9) secondar>- lead smelters (40 CF'R 60.1 
to 60.39 and 60.120 to 60.129); 

(10) sccondaPv' brass and bronz.e ingot pro- 
duction plants (40 CFR 60.1 t^o 60.39 
and 60.130 to 60.139, Subpart \F): 

(11) iron and steel plants (40 CFR 60.1 to 
60.39 and 60.140 to 60.149, Subpart 



(12) sewage treatment plants (40 CFR 60.1 
to 60.39 and 60.150 to 60.159, Subpart 

(13) phosphate fertilizer industr>': wet 
process phosphoric acid plants (40 
CFR 60.1 to 60.39 and 60.200 to 
60.209, Subpart T]^ 

(14) phosphate fertilizer industry: super- 
phosphoric acid plants (40 CFR 60.1 to 
60.39 and 60.210 to 60.219, Subpart 

(15) phosphate fertilizer industry-: diam- 
monium phosphate plants (40 CFR 
60.1 to 60.39 and 60.220 to 60.229, 
Subpart V): 

(16) phosphate fertilizer industry': triple 
superphosphate plants (40 CFR 60.1 to 
60.39 and 60.230 to 60.239, Subpart 

(17) phosphate fertilizer industry: granular 
triple superphosphate storage facilities 
(40 CFR 60.1 to 60.39 and 60.240 to 
60.249, Subpart X): 

(18) steel industn.': electric arc furnaces (40 
CFR 60.1 to 60.39 and 60.270 to 
60.279, Subpart AA); 

(19) coal preparation plants (40 CFR 60.1 
to 60.39 and 60.250 to 60.259, Subpart 

(20) pnman' copper smelters (40 CFR 60.1 
to 60.39 and 60.160 to 60.169, Subpart 

(21) primarv zinc smelters (40 CFR 60.1 to 
60.39 and 60.170 to 60.179, Subpart 

(22) pnmap,' lead smelters (40 CFR 60.1 to 
60.39 and 60.180 to 60.189, Subpart 

^ . 

(23) primarv aluminum reduction plants 

(40 CFR 60.1 to 60.39 and 60.190 to 
60.199, Subpart S); 

(24) ferroalloy production facilities (40 
CFR 60.1 to 60.39 and 60.260 to 
60.269, Subpart Z); 

{15) kraft pulp mills (40 CFR 60.1 to 60.39 
and 60.280 to 60.289, Subpart BB); 

(26) a-ain ele\ators (40 CFR 60.1 to 60.39 
and 60.300 to 60.309, Subpart DP); 

(27) lime manufacturing plants (40 CFR 
60.1 to 60.39 and 60.340 to 60.349, 
Subpart HH): 

(28) stationary gas turbines (40 CFR 60.1 
to 60.39 and" 60.330 to 60.339, Subpart 
GG); 

(29) electric utility steam eeneratina units 
(40 CFR 60.1 to 60.39 and 40 CFR 
60.40a to 60.49a, Subpart Da); 



'51 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(30) storage vessels for petroleum liquids, 
post May 18, 1978 (40 CFR 60.1 to 
60.39 and 40 CFR 60.110a to 60.119a, 
Suhpart Ka); 

(31) glass manufacturing plants (40 CFR 
60.1 to 60.39 and 40 CFR 60.290 to 
60.299, Subpart CC); 

(32) lead-acid battery manufacturing (40 
CFR 60.1 to 60.39 and 40 CFR 60.370 
to 60.379, Subpart KK): 

(33) automobile and light duty truck surface 
coating operations (40 CFR 60.1 to 
60.39 and 40 CFR 60.390 to 60.399, 
Subpart .MM); 

(34) phosphate rock plants (40 CFR 60.1 
to 60.39 and 40 CFR 60.400 to 60.499, 
Subpart NN); 

(35) ammonium sulfate manufacturing (40 
CFR 60.1 to 60.39 and 40 CFR 60.420 
to 60.429, Subpart PP): 

(36) surface coating of metal furniture (40 
CFR 60.1 to 60.39 and CFR 60.310 to 
60.319, Subpart FF): 

(37) graphic arts industry': publication ro- 
toera\-ure printing (40 CFR 60.1 to 
60J9 and 40 CFR 60.430 to 60.439, 
Subpart QQ); 

(38) industrial surface coating: large appli- 
ances (40 CFR 60.1 to 60.39^ and 40 
CFR 60.450 to 60.459, Subp:trt SS); 

(39) metal coil surface coating (40 CFR 
60.1 to 60.39 and 40 CFR 60.460 to 
60.469, Subpart TT); 

(40) beverage can surface coating industry 
(40 CFR 60.1 to 60.39 and 40 CFR 
60.490 to 60.499, Subpart W^Y): 

(41) asphalt processing and asphalt roofmg 
manufacture (40 cT'R 60.1 to 60.39 and 
40 CFR 60.470 to 60.479, Subpart 

(42) bulk gasoline terminals (40 CFR 60.1 
to 60.39 and 40 CFR 60,500 to 60.509, 
Subpart XX): 

(43) metallic mineral processing plants (40 
CFR 60.1 to 60.39 and 40 CFR 60.380 
to 60.389, Subpart FL); 

(44) pressure sensitive tape and label surface 
coating operations (40 CFR 60.1 to 
60.39 and 40 CFR 60.440' to 60.449, 
Subpart RR); 

(45) equipment leaks of VOC in the syn- 
thetic organic chemicals manufacturing 
industry (40 CFR 60.1 to 60.39 and 40 
CFR 60.480 to 60.489, Subpart VV); 

(46) equipment leaks of VOC in petroleum 
refinenes (40 CFR 60.1 to 60.39 and 40 
CFR 60.590 to 60.599, Subpart GGG); 



(47) synthetic fiber production facihties (40 
CFR 60.1 to 60.39 and 40 CFR 60.600 
to 60.609, Subpart HUH); 

(48) flexible vinvl and urethane coating and 
printing (40'CFR 60.1 to 60.39 and 40 
CFR 60.580 to 60.589, Subpart FFF); 

(49) petroleum dry cleaners (40 CFR 60.1 
to 60.39 and 60.620 to 60.629, Subpart 
J J J); 

(50) onshore natural gas processing plants: 
equipment leaks of volatile organic 
compounds (40 CFR 60.1 to 60.39 and 
60.630 to 60.639, Subpart KKK): 

(51) wool fiberglass insulation manufactur- 
mg (40 CFR 60.1 to 60.39 and 60.680 
to 60.689, Subpart PPP); 

(52) nonmetaJlic mineral processing plants 
(40 CFR 60.1 to 60.39 and 60.670 to 
60.679, Subpart OOP); 

(53) steel plants: electric arc furnaces and 
argon-oxygen dccarburization vessels 
constructed after August 17, 1983 (40 
CFR 60.1 to 60.39 and 60.270a to 
60.279a, Subpart Au\a)\ 

(54) onshore natural gas processing: SO(2) 
emissions (40 CFR 60.1 to 60.39 and 
60.640 to 60.649, Subpart FFF); 

(55) basic oxygen process steelmaking fa- 
cilities for which construction is com- 
menced after Januar>- 20, 1983: (40 
CFR 60.1 to 60.39 and 60.140a to 
60.149a, Subpart Na); 

(56) industnal-commercial-institutional 
steam generating units (40 CFR 60.1 to 
60.39 and 60.40b to 60.49b, Subpart 

(57) volatile organic liquid storage vessels 
(including petroleum liquid storage 
vessels) for which construction, recon- 
struction, or moditlcation commenced 
after July 23, 1984 (40 CFR 60.1 to 
60.39 and 40 CFR 60. 1 10b to 60. 1 19b, 
Subpart Kb); 

(58) rubber tire manufacturing industry (40 
CFR 60.1 to 60. .39 and 40 CFR 60.540 
to 60.549, Subpart BBB). 

fe) 44»e vornion »f the ftew sourc e pet- 
formanc e i . tandard hotod m Paragraph fa) ef 
tfei^ i^vogulation i^ that- which appeared m t+^e 
Cod e ef Federal Regulations a* ef I'obruar ; ' 

Statutory Authority G.S. I43-2I5.3 (a) {I); 
1 43-2 1 5 M: 143-215.107 (a) (5). 

.0525 NATIONAL KMISSION STANDARDS 
FOR HAZARDOUS AIR POLLLT.VNTS 



NORTH CAROLINA REGISTER 



752 



PROPOSED RULES 



(a) Sources emitting pollutants of the 
following types when subject to national 
emission standards for hazardous air pollutants 
promulgated in 40 CFR Fart 61 shall comply 
with emission standards, monitoring and re- 
porting requirements, maintenance require- 
ments, notification and record keeping 
requirements, performance test requirements, 
test method and procedure provisions, and any 
other provisions, as required therein, rather 
than with any otherwise-applicable regulation 
in this Section or Section .0900 of this Sub- 
chapter which would be in conflict therewith: 

(1) asbestos (40 CFR 61.140 to 61.156, 
Subpart M) . 

(2) ber>llium (40 CFR 61.01 to 61.19 and 
61.30 to 61.39, Subpart C), 

(3) ber\llium from rocket motor firing (40 
CI-R 61.01 to 61.19 and 61.40 to 61.49, 
Subpart D) . 

(4) mercur\^ (40 CFR 61.01 to 61.19 and 
61.50 to'61. 59, Subpart F). 

(5) vinyl chloride (40 CFR 61.01 to 61.19 
and 61.60 to 61.71, Subpart F|. 

(6) equipment leaks (fugitive emission 
sources) of benzene (40 CFR 61.01 to 
61.19 and 61.110 to 61.119. Subpart J), 

(7) equipment leaks (fugitive emission 
sources) (of \'olatile hazardous air pol- 
lutants) (40 CFR 61.01 to 61.19 and 
61.240 to 61.249. Subpart V), 

(8) inorganic arsenic emissions from glass 
manufacturing plants (40 CFR 61.01 to 
61.19 and 61.160 to 61.169, Subpart 

(9) inorganic arsenic emissions trom pri- 
mar\^ copper smelters (40 CFR 61.01 to 
61.19 and 61.170 to 61.179, Subpart 
Oi. 

(10) inorganic arsenic emissions from ar- 
senic trio.xidc and metallic arsenic pro- 
duction facilities (40 CFR 61.01 to 
61.19 and 61.180 to 61.189, Subpart 

^' . 

f<H 44+e v^. ' r ! : ' ion t+f »4w national emii ' r . ion 

j. landard! . fo+ lub'.ardou ' j tH* pollutant! , m I'ara 

graph (-iH trf t4+i^ R e gulation i^ thrtt- which ap- 

p e art'd *» Ae Codi> trvf F e d e ral R e gulationf i a* 

e4~ Nowmbor +t 19S6. 

StatutoiT Auihoiiiv G.S. 143-215.3 (a) (J); 
/43-2/5.6S: 143-2 /5./07 i a) (5). 

.0528 roi Al KhDlCFI) SI Ml R FROM 
KRAI T PLl P MILLS 

(c) F'missions of total reduced sulfur from, 
any kraft pulp mill subject to this Regulation 
shall not exceed: 



(8) 0.032 pounds per ton of black liquid 

liquor solids (dry weight) from any 

smelt dissolving tank. 

(4^ 44i^ ownor »f operator &f afty source 

©f total' reduced oulfur subject to ^m Regu 

lation propoi i ing to inotull aft4 operate total 

reduced sulfur emission control e quipment 

with th+s Pt e gulation shall adhere to the in ere 
mento trf progress contained ift tfee follov i ing 
schedules: 

{Vf l^ef RecoveP i ' Fumaoeo 

(A^ Final plans fof Ae emission control 
system and or process equipment shall 
be submitted b e fore June 4-r 19S2. 
(4^^) Contracts fof toe emission control 
system and; or process equipment shall 
be a' . ' i 'ard e d »f orders shall be issu e d fof 
purchase ef component ports to ae- 
complish e mission control before Juno 

(€) Initiation ©f on site construction ef 
installation ef the emission control 
and or process equipment shall begin 
before December +7 1983. 

fi^ On site constiaiction &f installation 
ef Ae emission control and or process 
e quipm e nt shall be completed befor e 
i«fte 4t 19S5. 

(4^4 Final compliance shall be achided 
beh)re December +t 19?»5. 
{^ F^ Digester Systems. Multiple FfTect 
E' . aporator Systems, Condensate Strip 
ping Systems, aftd Smelt Dissohing 
Tanks 

(A-^ Final plans fef toe emission control 
system and or process e quipm e nt shall 
be submitte d before December +7 1980. 

fftf Contracts fof toe emission control 
system and or process equipment shall 
be awarded (-h= orders shall be issu e d fop 
purchase et" component parts to ae- 
complish emission control befor e Juno 
4T4aS4T 

fG4 Initiation e4-' on site construction e* 
installation rf t4*e emission control 
and ' or process equipment shall begin 
before October 47 1981. 

f©) On site constiaiction ef installation 
ef toe emission control and or process 
equipment shall be completed before 
^«%e47 44JSar 

fF-f ftftal complianc e shall be achieved 
before September h 1982. 
(4f itof Lun e Kibis 

(A4 Final plans f©f toi* emission control 
syst e m and or process equipm e nt shaU 
be submitted before Docombor 4t 1981. 



75i 



^ORTH CAROLINA REGISTER 



PROPOSED RULES 



fft) Contracts fof the cmir . r . ion control 
oyfitom undior prooQuo cquipinont L r hall 
fe* awarded e* orders shall fe<» issued fo* 
purchase ef component parts to a6- 
complish e mission control before Jun e 

<4^ Initiation ef on site construction ef 
installation »f tb# e mission control 
and or process equipment sluiU be 
completed before December -1-r 1Q83. 
(4^ On site construction ef instcdlation 
ef ttn* e mission control and or process 
equipment shall h% completed before 
Decemb e r h -WO. 
ffe) Fuial compliance shall be achiei i -ed 
feefow Af«l +T WS4t 
4^ csner t*f operator shall certify to tl%e di- 
roctor within frw* days after U»e deadlme fef 
eael* increment ©f progr e ss whether tt*e re- 
quired increment ef progress has been met. 

/ It \ I T * 1-1 . 1 .'-K\\'w-\.\w r-i w .-^ r^L\r---\i .-i *- .-i T - ■ ta i .- f /~\ i i <- .-- J1 

\ iIL, J TT TTTC KJ T I 1 1 1. 1 t/ I IT T T. I U t \J 1 CT Lll 1 T •Jyj vi I VV 

©f total reduced sulfur subject to (+ir» Regu 
lation detemiines that- eft<* ef more &f tfee 
Dchodules given ift Paragraph fff ©f^ tfe Regu 
lation i* mf e asibl e , he may submit to the di- 
r e ctor a» alternat e compliance schedule. 4-he 
director shall acc e pt aft4 promulgate such al- 
tomate compliance schedule, tfc 
f+) f^w RecovePf Furnaces 

fA-^ -i^ alternate compliance schedules 

afe submitted before June -l-r 19S2. 
fft^ 4^ alternate compliance schedules 
contain Ae same increments t»f progress 
a« Ae sch e dule given » Subparagraph 
(f^f+) e4 tfe** Regulation. 
(G) ¥he alternate compliance schedules 
provide fof fifial complianc e b¥ Jun e -J-r 

f5) Pof Digester Systems. Multiple Effect 
Evaporator Systems, Cond e nsate Strip 
piftg Systems, aft4 Smelt Dissoh'ing 
Tanks 

(A^ Tfee alternate complianc e schedules 
afe submitted before December h -W^ 

(4if The alternat e compliance schedul e s 

t.^_Tl I lUI 1 1 1 1 HJ LIU I IV 11 1 L.' 1 V I T ^^T^TTt rTT I,' I \J iLJ\. -^J 

as y*e schedule gi'ren m Subparagraph 

(f)(2) t^'tlMS Regulation. 
fG) 44ie alternate complianc e schedul e s 

pro' i' ide fof final complianc e by De- 

o e mber h -^^^ 
(4^ -Fef I ime Kilns 

(A-) Wk* alternate complianc e sch e dul e s 

afe submitted before D e c e mber -H 19S1. 
fBi 44ie alternate compliance schedules 

contain the sam e increments trf progress 

a* the sch e dule taveft ift Subparagraph 

(ft{4f &f tl«s Regulation. 



(G) 4^ altomato compliance schedules 
provide fof final compliance fey Sep 
temfeef +7 WWt 
44ie owner »f operator shall oortily to tfee di- 
rector writhin l+ve days after the d e adline fo* 
each increment ef progr e ss V i 'hothor the f©- 
quired increment ©f progress has boon metr 
Afty schedule approved under tfei* Paragraph 

increment ef progr e ss stipulat e d ift it* alternate 
compliance schedul e . 

(fe) 44ie o' . vn e r ef operator ef sources ©f 
total reduced sulfur subject to tfei* Regulation 
may submit to the dir e ctor a set ef alternate 
compliance schedules fof courcoG covered by 
this Regulation. 44*e stHft ef tfee e missions ef 
total reduced sulfur from tbe sources cos^orod 
by tfeis Regulation shall be »«■ more at aay 
tiffte und e r the altomato compliance schedule 
than tfee s««* »f ti*e emissions allow e d by 
Paragraph (f^ »f fg^ »f tfeis P<.ogulation. -Fhe 
director shall approve tfes set »f alternate 
compliance schedules if this condition is f»et 
aft4 if the alternate compliance schedules con 
taift the sumo incromont ef progress as ift Par 
agraph ff^ ef tfws P>.egulation w4th alt e rnat e 
dates. The owner ef operator shall certify to 
the director within five days after the deadline 
fef each increment »f progress whether the fe- 
quired increm e nt »f progress has bee» mot. 
Aft¥ schedule appro' i 'od under this Paragraph 

increment »f progress stipulated i» its alt e rnat e 
compUance schedules. 

Statutory Authority G.S. 143-215.3 (a) (I): 
143-21 5. 6S: 143-215.107 (a) (5). 

.0529 I LLORIDE EMISSIONS FROM PRIMARY 
ALUMINUM REDUCTION PLANTS 

(a) For the purpose of this Regulation, 
the following definitions apply: 

(1) "Fluoride" means elemental fluorine 
and all fluoride compounds as meas- 
ured by the methods specified in Regu- 
lation .0501(d) (S9) of this Section or 
by equivalent or alternative methods 
approved by the director or his delegate. 

I i-\\ I Lt .1 j~n 1 • >i .-k »- t~\ T- .->«-tt-iT-ot.->T- r^ T -1 T'H : r-x rt tt-i ■-> t-r t 

1 V 7 I 1 II,.' V.f " 1 1 V, I \J I \Jif\^i\Xl\Ji. KJ I Lll I y yjl ill lUl j 

aluminum reduction plant subject to this Reg- 
ulation proposing to install aft4 operate con 
tfel equipmont and /or to replace proc e ss 
equipment to comply w4th this Regulation 
shall adhere to the increments ©f progress 
contained ift the foUo' . s'ing schedule: 

f-l-} The fiftal plans fef the emission control 
s ystem and/or process equipmont aft4 



NORTH CAROLINA REGISTER 



754 



PROPOSED RULES 



a L'omplianoo f i cht- ' dul e F i hall be oubrnit 

(-34 -1-be cHmplianct ' t.ohodulo ohoU contain 
t4w following increm e nts ef progrooo: 
fAf a fcktte b^ which contractri fof the 
omiiioion control oyotem and or procono 
uquipmont shall be awardc ' d e* ordoro 
shall be issued fop purchase ©f compo 
nont parts; 
(i^ a date by which on site * construction 
ef instLillation »+ tbe iimissit)n control 
and" or process equipm e nt shall begin; 
I^Qj a date by wliich on site construction 
e* installation ©f tfee omission control 
and' or process equipment shall be 
completed; 
(4+ I'inal compliance shall be achieved by 

:kH» +T +ii>* aft4 
f-H tf tbe director requires a tetrt- k» demon 
strale that compliance batr been 
achi e ved, tbe (e>t shall be conducted 
aft4 fmLil te^t report submitted vrithin 
s«r months after tbe stat e d date ©4^ fmal 
comphanco. 
¥be owner e* operator shall ce rtify ^ ti^e di- 
rector v . ilhin five days after tbe deadline fof 
e ach increment ©f |'>rogr e ss V i hether tbe w- 
quired increment ©f progress ha* been met . 

Statutory Authority G.S. 143-2153 (a) (J): 
143-215.68; 143-215.107 (a) (5). 

.0530 PRKAENTION OF SIGNIFICANT 
OEIERIORATION 

(a) The purpose of the Regulation is to 
implement a program for the prevention of 
significant deterioration of air quaLit\' as re- 
quired by 40 Cl'R 51.166. 4a&H^ 5r.l66 aR4 
other referenced ("ode ©f I ' ederal Regulations 
a^ used m tbitr Regulation refer t© those federal 
regulations ift effect ©« March +t 1''^ S 7. 

(g) Major stationary sources and major 
modifications shall comply \\'ith the require- 
ments contained in 40 CFR 51.166(i) and by 
extension m 40 CFR 51.166(j) through (o). 
The transition provisions allowed by 40 CIR 
51.166(c) ( 1(1) arc hereby adopted under this 
Regulation. The minimum requirements de- 
scribed in the portions of 40 CFR 51.166 ref- 
erenced in this Paragraph are hereby adopted 
as the requirements to be used under this Re- 
gulation, except as otherwise pro\ided in this 
Regulation. Wherever the language of the 
portions of 40 CFR 51.166 referenced in this 
Paragraph speaks of the "plan," the require- 
ments descnbed therein shall apply to the 
source to which they pertain, except as other- 
wise pro\'idcd in this Regulation. N\Tienever 



the portions of 40 CFR 51.166 referenced in 
this Paragraph provide that the state plan may 
exempt or not apply certain requirements in 
certain circumstances, those exemptions and 
provisions of nonapplicabihty are also hereby 
adopted under this Regulation. However, this 
provision shall not be interpreted so as to limit 
information that may be requested from the 
owner or operator by the director as specified 
m 40 CFR 51.166{n)(2). 

(h) Paragraphs ( b a ) and (eb) of Regu- 
lation 15 NCAC 2H .0601 are not applicable 
to any source to which this Regulation applies. 
Sources to which this Regulation appUes shall 
apply for a permit, a* required i» Paragraph 
^ ©f Regulation +4 \Ci\C iU MJAh 

Statutory Authoritv G.S. 143-215.3 (a) (1); 
143-215.68; 143-215.107 (a) (3); 143-215.107 
(a) (5); 143-215.107 (a) (7); 143-215.108 
(b). 

.0531 SOLRCES IN NONATTAINMENT AREAS 

(d) Paragraphs ( b a ) and (eb) of Regu- 
lation 15 NCAC 2H .0601 are not appUcable 
to any source to which this Regulation applies. 
The source must apply for a permit, a* re- 
quir e d m Paragraph fa) ©f Regulation 44 

NC.\c ay- smi. 

fj-} -i-be version ©f the referenced Code 
©f Federal Regulations i» tbi* PvOgulation is 
tbat as ©f March h J^^»^ 

Statutory Authority G.S. 143-215.3 (a) (1); 
143-215.107 (a) (5); 143-215.108 (b). 

.05.^2 SOURCES CONTRIBUTING TO AN 
AMBIENT VIOLATION 

(c) The Regulation is not applicable to: 
(5) a new or modified source whose impact 

wiU increase not more than: 
(G) 0.5 mg,m of carbon monoxide on 

an 8-hour basis, ©f 
(JQ LO ug'm of PMIO on an annual ba- 
sis, or 
(I) 5 ug m' of PMIO on a 24-hour basis, 
at any locality that does not meet a na- 
tional ambient air quahty standard. 

(d) Paragraphs ( b a ) and (eb) of Regu- 
lation 15 NCAC 2H .0601 are not applicable 
to any source to which this Regulation applies. 
The' .e The sources shall apply for a permit, 
as required m Paragraph (a) ©f Regulation 44 

NCi\C i^ rW^ 

fg^ T4*e i i ersion ©f tbe referenced Code 
©f Federal Regulations » tbts Regulation » 
tbrtt as ©f March h +-*^ 



755 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 143-215.3 (a) (I); 
143-215.107 (a) (5); 143-2/5. /OS (b). 

SECTION .0600 - AIR POLLUTANTS: 
MONITORING: REPORTING 

.0604 SOURCES CO\ERED BY 
IMPLEMENTATION PLAN 
REQl IREMENTS 

(-b-^ A oouroe which h«« purchasod aft 
omission monitoring oy-Uem prior te- Soptom 
bef 44t 197 ' 1. i* eXL ' mpt from having U* moot 
fiie tes* proo e dur e o douc'ribod ift -W CI'R Part 

t*f» Wt» approved under the then regulation 
number % which wa* r e codifi e d <** Section 
rO^O© of Subchapter SO ef ?4t4e +a ef tfe« 
North Carolina lAdniiiiii ' trative Code, efloctivo 
hobruary +7 1976. A monitoring schem e 
which «*es significant manucd operations, fof 
example, a periodic grab campling aft4 analyoio 
Dchemo. t* ftt4- considered te be a» omiooion 
monitoring s yst e m as describ e d i» Ais Para 
graph. 



Statutory Aut/wnty G.S. 143-2/5.3 (a) (/); 
143-215.68. 

.0606 OTHER COAL OR RESIDUAL OIL 
BURNERS 

(a) The owner or operator of rmy fuel 
burning unit shall determine sulfur dioxide 
emissions into the ambient air if the unit: 
(4) is required to be monitored based on its 
annual average capacity factor as deter- 
mined from the three most recent cal- 
endar year reports to the Federal Power 
Commission or as otherwise demon- 
strated to the director by the owner or 
operator, as follows: 
(E) Once the unit is not being monitored 
in accordance v\ith Subparagraphs 
(a)(4)(B), (eC), or (D) of this Regu- 
lation, it need not be monitored until its 
most recent threc-calcndar-ycar average 
capacity factor exceeds 35 percent. 
If units required to be monitored have a com- 
mon exhaust or if units required to be moni- 
tored have a common exhaust with units not 
required to be monitored, then the common 
exhaust may be monitored, and the emissions 
need not be apportioned among the units with 
the common exhaust. 

Slatutorv Authohtv G.S. /43-2/5.3 (a) (/); 
/43-2/5.6S. 

.0608 PROGRA.M SCIIEnULE 



(b) All persons required to report emis- 
sions by Regulation .0605 or .0606 of this 
Section shall by October 44^ 1976, (November 
47 1973, fef ofloctod facilities which wore Fe- 
quirod te be monitored under the then rogu 
lation number S which was r e codified a§ 
S e ction t0400 ^ Subchapter 2^ »i 44tle U b( 
the North C ' Orolina Administrative Code, ef- 
fective February 47 1976) submit to the divi- 
sion of environmental management for review 
and approval a program for complying with 
such requirements. The program shall include 
a statement concerning: 

(1) the qualifications of the personnel who 
will be doing the sampling and sample 
analysis, 

(2) the date by which the first report will 
be submitted, and 

(3) a description of the procedures and 
equipment for sampling and sample 
analysis. 

Statutory Authority G.S. /43-2I5.3 (a) (1); 
143-2/5.68. 

.0610 DELEGATION (REPEALED) 

Statutory Aut/writy G.S. /43-2/5.3 (a) (1); 
/ 43-2 1 5.3 (a) (4). 

SECTION .0900 - VOLATILE ORGANIC 
COMPOUNDS 

.0913 DETERMIN.\TION OF VOLATILE 

CONTENT OF SURFACE COATINGS 

(e^ 44*e version &f the test methods Fe- 
forred te- ift this R.ogulation is that wlrich ap- 
poarod m the Code ©f Federal Regulations as 

ef May aOr 4^i«4T 

Statutory Authority G.S. / 43-2/ 5.3 (a) (I); 
/ 43-2/ 5.68: 143-2/ 5./ 07 (a) (5). 

.0916 DETERMINATION: VOC EMISSIONS 
FROM BULK GASOLINE TERMINALS 

fa) In accordance with Regulation .0912 
of this Section, the emissions of volatile or- 
ganic compounds from bulk gasoline terminals 
shall be determined by the procedures set forth 
in 40 CFR 60.503. 

fb") 44*e version ef the test method Fe- 
fened te- ift this P>.ogulation is that which ap- 
p e ared i» the Cod e »f F e deral Regulations as 
»f May 34It WS4t 

Statutory Authority G.S. /43-2/5.3 (a) (I); 
143-2/ 5.68: /43-2/5./07 (a) (5). 

.0939 DETERMIN.VTION OF VOLATILE 



NORTH CAROLINA REGISTER 



756 



PROPOSED RULES 



OK(; AMC COMPOUND KMISSIONS 

f&) 44w vuri . ion »f Ae te^ mothodo f©- 
furrod to m t+H* RL'guliition h* 4»t- v i hich ap- 
pcuR ' d H* At* (judo ef I'L ' dL ' Ril R e gulutioriii as 
t4' October 4t 4^^X4t 

Statutory Authority G.S. 143-215.3 (a) (I); 
143-21 5. 6S; 143-215.107 (a) (5). 

.0940 DFIKKMINATION OF LEAK 

IICHINKSS AM) \ APOR LEAKS 

fe^ -H+e sorr . ion t4~ the ttM- inolhods fe- 
forred to wt ttwr Regulation i* ti+at- ' ■ ' ■ hich ap- 
pearod » t4¥<* Code * »f I'oduruJ R e julutiona as 

Statutory Authority G.S. 143-215.3 (a) (I); 
143-215.68: 143-215.107 (a) {5). 

SUBCHAPTER 2H - PROCEDURES FOR 
PERM US: APPRON ALS 

SECTION .0600 AIR QUALITY PERMITS 

.0601 PURPOSE AND SCOPE 

(a^ A porC ' On r . hall have rocoii i od a p e rmit 
from y*e commif i f . ion aft4 '. hall comply with 
Ae condition!' , t+f the pomiit boforo twr 

{M builds »f oporutco ftftv <**f pollution 



^ 



^ 



buildr . Bf opiiratQfi afty oquipniL ' nt 
which may ro 'i ult ift the omic ' C i ion e4 atf 
poUutanto (r*f which i* lUvcly to caufie aif 
pollution; 

altLTfi Bf changjo the con '. truotion &f 
method »i- opc ' ration (4 afiy- equipment 
e* procer . r . from which aif poUutantr . afe 
Bf may he emitted; 
f4^ enteri' . mto a contract to coni . truct aft4 
in 'i tall afty aif cleaning device ef allowf . 
e* cauf . e ' j the device to he oonotruotod, 
inotallod ef operated; 
if asy ef these conditionc . afe lik e ly to contra 
vefte afHr aif qualitv ef emir .'. ion control otan 
daf4 e -. tabli '. hed twOef G^^r \n 215.107. 

(ha) The following sources or activities 
are not likely to contravene any applicable 
ambient air quality or emission control stand- 
ard, and therefore, are not required to obtain 
a pemiit: 

(1) air conditioning or comfort \'entilation 
systems which do not transport, re- 
move, or exhaust product or byproduct 
to the atmosphere; 

combustion sources scn'ing heating 
systems which provide comfort heat for 
residences; 
(3) laboratory equipment used for chemical 
or physical analysis; 



(2) 



(4) nonstationary internal combustion en- 
gines and vehicles; 

(5) equipment which emits only nitrogen, 
oxygen, carbon dioxide, and.'or water 
vapor; 

(6) maintenance, repair, or replacement of 
existing equipment that does not result 
in an increase to the emission of air 
pollutants; 

(7) smudge pots for orchards or small 
outdoor heating devices to prevent 
freezing of plants; 

(8) fuel burning equipment firing exclu- 
sively gaseous fuel with the total heat 
input rating of 250 million BTU per 
hour or less; 

(9) fuel burning equipment firing exclu- 
sively No. 1 or No. 2 fuel oil with the 
total heat input rating of 100 million 
B IT' per hour or less; 

(lOj fuel burning equipment firing a mix- 
ture, of gaseous fuel, No. 1 fuel oil or 
No. 2 fuel oil, in any proportion, with 
the total heat input rating of 100 million 
BTU per hour or less. 
All other sources of air pollution for which 
there is an ambient air quality or emission 
control standard are considered likely to con- 
tra\ene the applicable standard and, therefore, 
shall apply for a permit, as required i» Para 
graph fh-)' (*f this Regulation. 

( 6 b ) The owner or operator of any 
source required hy Paragraphs fhf aft4 fef »f 
this Regulation to have a permit may request 
the director to exempt the source from having 
to have a permit. The request shall be in 
writing. Along with the request, the owner or 
operator shall submit supporting documenta- 
tion to show that air qualitv and emission 
control standards will not be, nor are likely to 
be, contravened. If the documentation shows 
to the satisfaction of the director that air qual- 
itv and emission control standards will not be, 
nor are likely to be, contravened, a permit shall 
not be required. However, if the staff shows 
that, notv i ilhotanding emission control stand 
ards. the standards fof ambient aif quality Vr4y- 
her »f afe likely to her contravened, a permit 
shall he required. 

(4c) This Section applies to the sstab 
lishment ef operation ef aay complex sourc e 
subject to Section MM ef S ubchapter iO ef 
this Titl e . Ah p e rsons whe establish ef opor 
ate a complex sourc e shall he required to eh- 
taift a permit as required hy this Section. Any 
person who constructs or modifies a complex 
source subiect to Section 1 5 NCAC 2D .0800 
shall obtain a permit in accordance with Reg- 



/:>/ 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



ulations .0602 through .0607 of this Section. 



If the source is excepted in Section 1 5 NCAC 
2D .0800, a permit shall not be required. 

Statutory Authority G.S. 143-2153 (a) (I); 
143-21 5. 1 OS: 143-215.109. 

.0603 AFPIICATIONS 

(f) A public hearing shall be held before 
the issuance of any permit containing any one 
of these conditions: 

(4) an alternate compliance schedule pro- 
mulgated in accordance with Regu- 
lation 15 NCAC 2D .0910; ef 

(5) the quantity of solvent-borne ink that 
may be used by a printing unit 

or printing systems in accordance with 
Regulation 15 NCAC 2D .0936; or 

(6) an allowance of a particulate emission 
rate of 0.08 .grains per drv standard cu- 
bic foot for incinerators constructed 
before July _L 19S7, in accordance with 
Regulation 15 NCAC 2D .0505. 



The public hearing shall be preceded by a 30- 
day period of public notice during which the 
agency's analysis and draft pennit shaU be 
available for public inspection in the appro- 
priate regional office. If and when a permit 
containing these conditions is issued, it will 
become a part of the North Carolina State 
Implementation Plan for Air Quality (SIP) as 
an appendix available for inspection at De- 
partment of Natural Resources and Commu- 
nity Development regional offices. The permit 
will be submitted to the U.S. Environmental 
Protection Agency for inclusion as part of the 
federally approved state implementation plan. 

Statutory Authority G.S. 143-215.3 (a) (1); 
143-2 15.1 OS; 143-215.109. 

.0607 ( OPIKS OF RF.FKRENCKD DOCIMENTS 

(a) Copies of applicable Code of Federal 
Regulations sections referred to in this Section 
and the North Carolina State Implementation 
Plan for Air Quality appendix of conditioned 
permits are available for public inspection at 
Department of Natural Resources and Com- 
munity Development regional offices. They 
are: 
(6) Washington Regional Office, 14443 
North Mark e t StriTL ' t, Pe^ Offico ft&* 
1507, 1424 Carolina Avenue, Parish 
Duilding. Washington, North Carolina 
27889; 

Statutory Authority G.S. 150B-I4. 



ly otice is hereby given in accordance with G.S. 
150B-I2 that the Natural Resources and Com- 
munity Development, Division of Community 
Assistance, intends to adopt regulations cited 
as 15 NCAC 13L .1501 - .1505; amend regu- 
lations cited as 15 NCAC 13L .0103; .0401; 
.0403; .0404; .0407; .0502; .0702; .0901; .0903; 
.0905; .0907; .0909; .0911; .0912; .0913; .1002; 
.1004; .1006; .1009; .1011; .1302; .1402; and 
.1403. 

1 he proposed effective date of this action is 
May 1, 1988. 

1 he public hearing will be conducted at 3:00 
p.m. on February 16, 19SS at Ground Floor 
Hearing Room. Archdale Building, 512 N. 
Salisbury Street, Raleigh, N.C. 27611. 



Co 



' omment Procedures: A II persons interested 
are imiled to attend. Comments may be sub- 
mitted in writing or may be presented orally at 
the hearing. Oral presentations which exceed 
three minutes are requested to have a written 
copy to be filed with the hearing clerk. Further 
details of the proposed rules may be obtained 
by writing or calling: Mr. Robert Chandler, 
Director, Division of Community Assistance. 
Phone: (919) 733-2850. 

CHAPTER 13 - DIVISION OF COMMUNITY 
ASSISTANCE 

SLBCHAPTER 13L- NORTH CAROLINA 

COMMUNITY DEVELOPMENT BLOCK 

GRANT PROGRAM 

SECTION .0100 - GENERAL PROVISIONS 

.0103 DEFINITIONS 

(h) Low-income families are those with 
a family income of 50 percent or less of medi- 
an-family income. .Moderate-income families 
are those with a family income greater than -SJ- 
50 percent and less than or equal to 80 percent 
of median-family income. For purposes of 
such terms, the area involved and median in- 
come shall be determined in the same maimer 
as such area and income is determined for 
purposes of assistance under Section 8 of the 
I'nited States Housing Act of 1937. 

Authority G.S. 143-323: 143B-10; 24 C.F.R. 
570.489. 

SECTION .0400 - DISTRIBUTION OF FUNDS 



NORTH CAROLINA REGISTER 



758 



PROPOSED RULES 



.0401 GK.NKKAI. 

(c) Applicants caii apply for funding un- 
der different grant categories of Community 
Revitalization, Fconomic De\'elopmcnt, De- 
velopment Planning, Domon ' Uration Housing 
Demonstration. Interim Assistance and I rgent 
Needs. Applicants sh;dl not apply for funding 
m- t+H» contingoncy c - atogi^r T . contingency 
funding. Contingency grants will be selected 
from the Communit> Revitali/.ation, Fxo- 
nomic Development, Housing Demonstration, 
and Dex'clopmcnt Planning categories. 

Auihoritv G.S. 143-323; I43B-I0: 24 C.F.R. 
5W.4S9' 

.0403 SIZE .\ND USE OF GRANTS 

(a) There is no minimum grant amount 
which applicants may request or be awarded. 
Grant awards shall not exceed the foOowmg 
amount in each grant category: Community 
Re\italization - six hundred thousand dollars 
($600,000); Fconomic De\'elopment - i . L" i t}n 
hundr e d fifty thou: , und dollar ' ^ (SJsO.l l OO): P,?- 
' . L'lopinont Planning - tt^H- thoue . and doUapj 
($10.0(10); DL'inoni . tmtion - »* hundred t4w«- 
sa«4 dollar ', ($^00.l)0()) ^ fund ;, six hundred 
thousand dollars ($6(10.000); De\elopment 
Planning five thousand dollars ($.^.001)); 
1 lousing Demtmstration two hundred fifty 
thousand dollars ( $25().l)()()) or funds available; 
L riient Needs - se\'en hundred fift\ thousand 
dollars ($750,000); Intenm Assistance - Seven 
hundred fifty thousand dollars ($750.0(10); 
Contumencv - i . even hundred fift^ six^ hundred 
thousarid dollars ($750,000). ' ($600.000). 
Applicants shall not ha\e a project or combi- 
nation of projects, except for Urgent Needs 
projects, under active consideration for funding 
which exceeds seven hundred fifty thousand 
dollars ($750,000). 

Aulhorily G.S. 143-323: 143B-I0: 24 C.F.R. 
570.4S9. 

.0404 GENERAL ALLOCATION 

Each program \"ear funds will be resen,'ed 
for each grant categop, . No more than Btm 
aft4 one half three percent of the State's Com- 
munity DcNclopment Block Grant funds to be 
allocated to local go\emments will be awarded 
for Housing Demonstration and Development 
Plarming grants, of which a maximum of sixty 
thousand dollars ( $hO.OO(J) maN be awarded tor 
Development i'lanning grants. In addition, 
up to fi\e percent will be set aside for L'rgent 
Needs and Contingency grants and up to 



twenty percent will be set aside for Hconomic 
Development grants each year. The remaining 
funds wiU be distributed by NRCD to Com- 
munity RevitaUzation grant applications. 

Authority G.S. 143-323; I43D-I0: 24 C.F.R. 
570.489: 24 C.F.R. 570.491. 

.0407 GENERAL APPI ICATION 
REQUIREMENTS 

(a) Local governments are required to 
submit applications in a manner prescribed by 
NRCD in order to be considered for funding. 
Selection of applications for funding will be 
based primarily on information contained in 
the application, thus applications must provide 
sufficient mformation for NRCD to rate them 
against the selection criteria. .All applicants are 
required to address their projects to either the 
Community Revitalization, Economic Devel- 
opment, Development Planning, Housing De- 
monstration, Interim Assistance or Urgent 
Needs grant category. Applicants may apply 
in more than one grant category, apply for se- 
veral projects in the same grant category, and 
have more than one project approved, provid- 
ing the total grant application and award does 
not exceed the maximum limits described in 
Paragraphs (a) and (b) of Rule .0403 of this 
Section. Applicants shall submit an applica- 
tion that describes each project in detail. 

(d) NRCD may submit all CDBG ap- 
plications and or environmental re\'iew records 
to the State Clearinglrouse for review and 
comments. NRCD may require each appli- 
cant to submit a written description of how the 
applicant proposes to address each comment 
received from the State Clearinghouse. 

Authority G.S. 143-323; 143 B- 10; 42 U.S.C.A. 
5304 (a); 24 C.F.R. 570.489. 

SECTION .0500 - COMMUNITY 
REViTALIZ.VriON PROJECTS 

.0502 ELIGIBILITY REQUIREMENTS 

(a) Applications for Community Revi- 
talization funds must show that: 

(1) At least 51 percent of the CDBG funds 
proposed for each activity will benefit 
low- and moderate-income persons; 
.'md 

(b) .Applicants shall have the capacity to 
administer a Community Development Block 
Grant program. NRCD may examine the 
following areas to determine capacity; 

(2) the rate of expenditure of funds and ac- 
complishments in previously funded 



759 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Community Development Block Grant 

programs. 
Applicants that show a lack of capacity will 
not be rated or funded. 

Authority G.S. 143-323; I43B-I0; 42 U.S.C.A. 
5301; 24 C.F.R. 570.489. 

SECTION .0700 - DK\ ELOPMENT 
PLANNING PROJECTS 

.0702 ELIGIBILITY REQLIREMEN TS 

(a) Applications for Development Plan- 
ning funds must show that projects developed 
and funded in the future as a result of Devel- 
opment Planning grants will primarily benefit 
low- and moderate-income persons. Appli- 
cants that do not meet this requirement will 
not be rated or funded. 

(b) Applicants shall have the capacity to 
administer a Community Development Block 
Grant program. NRCD may examine the 
following areas to determine performance: 

(2) the rate of expenditure of funds and ac- 
complishments in previously funded 
Community Development Block Grant 
programs. 

Applicants that show a lack of capacity will 

not be rated or funded. 

Authority G.S. 143-323; I43B-I0; 42 U.S.C.A. 
5301; 24 C.F.R. 570.489. 

SECTION .0900 - GRANT ADMINISTRATION 

.0901 GRANT AGREEMENT 

(d) Neither CDBG funds ©f nor 
non-CDBG funds involved in a project may 
fto* be obligated, nor may any conditioned 
project activities begin until NRCD releases in 
writing any and all applicable conditions on 
the project. Recipients may incur certain costs 
prior to release of conditions with prior 
NRCD approval. 

Authority G.S. 143-323; I43B-I0; 24 C.F.R. 
570.489. 

.0903 METHOD OK PAV.MENT 

(a) Advance payments will be made by 
NRCD to recipients when the following con- 
ditions are met: 

(4) Recipients shall not maintain a cash 
balance from any advance payment i» 
ftft amount oxcooding when an advance 
payment exceeds five thousand dollars 
(SS.OOO), for more than three days. 

(b) Recipients who do not meet or ad- 
here to the conditions in Paragraph (a) of this 



Rule will not receive advance funding, pay- 
ments. Those recipients will receive grant 
payments on a reimbursement basis. 

Authority G.S. 143-323; I43B-I0; 24 C.F.R. 
570.489; 42 U.S.C.A. 5304 (g). 

.0905 LUMP SLM DRAWDONVIN FOR 
PROPERTY REHABILITATION 

(i) Request for NRCD review and ap- 
proval of lump sum drawdown. NRCD re- 
view and approval of a request for a lump sum 
drawdown is required prior to drawdown. 
NRCD review can be carried out any time 
during the program year. All requests for 
drawdowns shall include: 

(1) a copy of the written agreement de- 
scribed in Paragraph f3^ (c} of this 
Rule; and 

Authority G.S. 143-323; I43B-I0: 42 U.S.C.A. 
5304 (g); 24 C.F.R. 570.489; 24 C.F.R. 
570.494. 

.0907 PROGRAM INCOME 

(e) All other L'nless otherwise required, 
program income generated by a pre- 1986 grant 
may be retained by the recipient. Program 
Income is identified by the grant year in which 
the acti\ities wliich generated the program in- 
come were funded. Pre- 1986 Program Income 
shall be added to funds committed to a current 
project and used for activities approved in the 
project's application. Pre- 1986 Program In- 
come shaU be expended prior to requesting 
additional funds from NRCD or shall be used 
in future CDBG projects. 

Authority G.S. 143-323; I43B-I0; 24 C.F.R. 
570.489; 24 C.F.R. 570.494; 42 U.S.C.A. 5304 

(b) (4). 

.0909 PROPERTY MANAGEMENT 
STANDARDS 

This Rule prescribes uniform standards 

go\eming the utilization and disposition of 

property acquired in whole or in part with 

Community Development Block grant funds. 

(*H 111 "Nonexpendable personal property" 

means tangible personal property having 

a useful life of more than one year and an 

acquisition cost of thri ' e hundr e d doUaro 

($300.00) one thousand dollars ($1,000) 

or more per unit. 

Authority G.S. 143-323; 143B-I0; 42 U.S.C.A. 
5304 (b) (4). (d) (2). (e); 24 C.F.R. 570.489; 
24 C.F.R. 570.497. 



NORTH CAROLINA REGISTER 



760 



PROPOSED RULES 



.0911 RECOROKKKPING 

(b) All (.'ommunitv Dc\ciopmcnt Pro- 
CTam rccc^rds not cunfidential under federal law 
shall be made accessible to interested indu'id- 



uals and izroups dunntz normal working hours. 
f4*f (ci 

Authoritv G.S. 143-323: 143B-I0: 42 U.S.C.A. 
5304 (d) (2), (ej; 24 C.F.R. 570.489; 24 
C.F.R. 570.497. 

.0912 Al DIT 

(c) ^-^ »i t4» A "single audit," concopt 
» permiL ' idblj, m which the regular independ- 
ent auditor will perform an audit of all com- 
pliance aspects for all federal grants along with 
the regular financial audit of the recipient, is 
permissible. Where feasible, the recipient shall 
use the same auditor so that the audit wiU in- 
clude the financial and compliance work under 
a single plan in the most economical manner. 

Authority G.S. 143-323; I43B-I0: / 59-34; 42 
L.S.C.A. 5304 id) (2), iei: 24 C.F.R. 
570.499. 

.091.^ (;R.\M CI.OSt.OLTS 

(f) Certificate of completion and fmal 
cost. Upon resolution of any findings ©fin the 
fmal audit, or if the final audit is wai\ed. after 
NRCD has performed the re\'iew of doc- 
umentation described m Paragraph (e) of this 
Rule, the recipient shall prepare a certificate 
of completion and fmal cost on a form pre- 
scribed by NRCD, and subrmt it to NRCD. 

Authority G.S. 143-323: 143B-I0: 24 C.F.R. 
570.489. 

SFXTION .1000 - COMPl.I.WCE 
REQUIREMENTS 

.1002 CITIZEN P,\RTICIP,VHON 

(g) Persons wishing to object to the ap- 
proval of an application by NRCD 
shall make such objection in writing, 
NRCD will only consider objections 
made only on the following grounds: 

(ij The applicant's description of the 
needs and objecti\es is plainl>' incon- 
sistent with available facts and data; 

(ii) The activities to be undertaken are 
plainly inappropriate to meeting the 
needs and objcctiws identified by the 
applicant; 



(iii) The application does not compl> 
with the requirements of this Subchap- 
ter or other applicable laws, 
(h) All objections shall include an identifi- 
cation of the requirements not met. In 
the case of objections made on the 
grounds that the description of needs 
and objectives is plainly inconsistent 
with significant, g e nerally a\ailable facts 
and data, the objection shall include the 
facts and data upon which the objection 
is based. 
(2) Citizen Participation in the program 

amendment process: 



(a) 



Recipients proposing amendments 
\shich require prior NRCD approval in 
accordance with Rule .0910 of this 
Subchapter wlU be required to conduct 
one pubHc hearing pnor to submission 
of the amendment to NRCD in ac- 
cordance with Rule l.^L .1002(1 i(c). 



(b) 



Each recipient shall respond to citizen 
objections and comments in the same 
manner as in Subparagraph (Ij (a) of 
this Rule. 
(c) Persons \\ishing to object to the ap- 
proval of an amendment by NRCD 
shall make such objection in writing. 
NRCD will consider objections made 
onl_\' on the following grounds: 

(i) The recipient's description of needs 
and objectives is plainly inconsistent 
with available facts and data. 

(ii) The activities to be undertaken are 
plainly inappropriate to meeting the 
needs and objectives identified by the 
recipient. 

(iii) The amendment does not comply 
with the requirements of this Section 
or other applicable laws and regu- 
lations, 
(di Such objections shall include an iden- 
tification of the requirements not met. 
In the case of objections made on the 
grounds that the description of needs 
and objectives is plainly inconsistent 
with significant, generally available facts 
and data, the objection shall include the 
data upon which the objection is based. 
(3) Citizen Participation in the program 

closeout process: 
(aj Recipients shall conduct one public 
hearing to assess program performance 
during the grant closeout process and 
prior to the actual closeout of the grant 
in accordance with Rule 13L 
.1002(l)(c). 



761 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



(b) Recipients shall continue to solicit and 
respond to citizen comment pursuant 
to Subparagraph (1) (a) of this Rule 
until such time as the grant program is 
closed. 

(4) Citizen Participation during program 
implementation. Citizens shall have the 
opportunity to comment on the imple- 
mentation of a Community Desclopmcnt 
Program throughout the term of the pro- 
gram. Recipients shall solicit and respond 
to views and proposals of citizens in ac- 
cordance with Subparagraph (1) (a) of this 
Rule. 

(5) Persons may submit written comments 
to NRCD at any time concerning the 
applicant's recipient's failure to comply 
with the requirements contained in this 
Subchapter. 

(6) All records of public hearings, citizens' 
comments, responses to comments and 
other relevant documents and papers shall 
be kept to accordance with Rule .091 1 of 
this Subchapter. 

(7) All program records shall be accessible 
to citizens in accordance with Rule 
.091 Kb) of this Subchapter. 

(8) Recipients shall ha\c a w nltcn complaint 
procedure applicable throudi the life of 
the grant and a\ailab]c to the general 
public. The procedure shall require grant 
recipients to respond in wnting to written 
citizen complaint within ten calendar days 
of the lodging of the citizen complaint. 
The complaint procedure shall also state 
that if a complainant is dissatisfied with 
the local response, that person mav direct 
the complaint to the North Carolina De- 
partment of Natural Resources and 
Communitx' nc\clopmenl. 

Statutory Authority G.S. / 43-323; I43B-I0; 42 
L'.S.C.A. 5304 (a) (2). 

.1004 ENVIRONMENTAL REVIEW 

Purpose. ^fe- Q ' j ' iur e t4«tt- applicants 
Applicants recipients shall comply with the 
policies of the National Environmental Policy 
Act of 1969 and aU other applicable provisions 
of Federal and State law which further the 
purposes of such act (as specified in 24 Cl-R 
58). a«4 Arit- Aey »» elTccti' i ely implemented 
ift connection V i ith Ai* expenditure ef Com 
munity D e velopment Block Grant fund a. 
(2) Applicants/recipients shall meet the re- 
quirements of the following Federal laws 
and regulations; 



(1) HUD environmental standards (24 
C.F.R. Part 51), Environmental Crite- 
ria and Standards (44 F.R. 
'1Q86Q'I0866. 40860-40866. July 12, 
1979) and the CEQ standards at 40 
C.F.R. Part 1500-1508; 
(4) The applicant/recipient shall meet the 
requirements of the following State laws 
and regulations where they are applicable 
to the provisions of this Subchapter: 

(d) G.S. 121 126, 121-12, Protection of 
Properties ift on the National Register, 
which requires consideration of project 
impact on any property listed in the 
National Register; and 

(e) G.S. ?fr-l-4T 70-1 through 70-3, Indian 
Antiquities Act, which urges private 
landowners to refrain from excavation 
and other actions leading to the de- 
struction of Indian archaeological sites 
on their property. It also requires local 
governments to report the discovery of 
artifacts and refrain from further exca- 
vation or construction when excavating 
or constructing on public lands. 

Authority G.S. II3A: 143-215. 1; 143-215.108; 
143-323; I43B-I0; 24 C.F.R. Part 58; 24 
C.F.R. 570.495; 24 C.F.R. 570.496; 42 
L'.S.C.A. 4321 et. seq.; 42 L'.S.C.A. 5304 (b) 

(4). 

.1006 LABOR STANDARDS 

(a) The following labor standards pro- 
visions outline the responsibilities of the recip- 
ient concerning the payment of wages, contract 
work hours, safety, health standards, and equal 
opportunity for programs governed under tlris 
Subchapter. Recipients must comply with the 
following federal laws and regulations: 

(1) Davis-Bacon Act (P.L. 74-403). This 
act requires that prevailing local wage 
levels be paid to laborers and mechanics 
employed on construction work assisted 
with CDBG funds. 

(2) Contract Work Hours and Safety Stan- 
dards Act of 1962 (P.L. 87-581). Under 
this act, laborers and mechanics em- 
ployed by contractors and subcontrac- 
tors on construction work assisted with 
CDBG funds must receive overtime 
compensation at a rate not less than 
one and one-half the basic rate of pay 
for all hours worked in excess of forty 
hours in any workweek. Violators shall 
be liable for the unpaid wages and in 
addition for liquidated damages com- 



NORTH CAROLINA REGISTER 



762 



PROPOSED RULES 



puted in respect to each lahorcr or me- 
chanic employed in \iolation ot the act. 

(3) i-ederal l-'air Labor Standards Act, (29 
L'.S.C. 201 et seq.j. requiring that cov- 
ered employees be paid at least the mi- 
nimum prescribed wage, and also that 
they be paid one and one-hall" times 
their basic wage rate for all hours 
worked in excess of the prescribed 
work- week. 

(4) .\nti-kjckback (Copeland) Act of 19.34, 
(18 U.S.C. 874 and 40 U.S.C. 276a), 
which outlaws and prescribes criminal 
penalties for "kickbacks" of wages in 
federally financed or assisted con- 
struction acti\'ities. Weekly statements 
of compliance and weekly pasroUs must 
also be pro\ided by all contractors and 
subcontractors. 

(b) The U.S. Secretary of Labor shall 
have the authority and functions set forth in 
Reortzanization Plan Number 14 of 1950 (15 
F.R.^3176: 64 Stat. 1267 and Section 2 of the 
Act of June 13, 1934, as amended [4S Stat. 
948.40 U.S.C. 276(c)]. 

(c) .All contracts shaU contam labor 
standards provisions as required in this Rule. 

(d) Paragraph (a)(1) and (4) of this Rule 
shall apply to the rehabilitation of residential 
property only if such property is designed for 
residential use of eight or more families or if 
eight or more single family dwellings in the 
project area are owned in common and are 
located on contiguous lots or parcels. 

(e) Recipients shall maintain records re- 
garding compliance with the laws and regu- 
lations cited in this Rule in accordance with 
Rule .0911 of this Subchapter. 

Auihoriiv G.S. 143-323; I43B-/0; 24 C.F.R. 
5~0.4S9; 5 i'.S.C.A. 1332-15: 40 L'.S.C. 276 
(a) (c): 40 L.S.C..4. 32'': 42 i.S.C.-i. 53/0. 

.1009 HOUSING RF.HABM.n.VTION 

(e) Housing rehabilitation activities must 
comply with the following standards required 
under this Subchapter: 

(1) Architectural barriers (Rule .1007); 

(^ Hir . tonc prc"; ^ cT . ution (RuL^ .10115); 

f^Q) 

Authonix G.S. 143-323: 143B-I0: 24 C.F.R. 
570.489: 42 i.S.C.A. 5305(a). 

.1011 LF-AD B.VSKD I'.MNT 

(a) I'he recipient must comply with the 
pro' i ifdon - j ©f A* Lead Based Paint Poisoning 



Act (P.L. 91-695), f^ following actiono afe 
required whono' i or CIDOG fundo »f(* uwd di- 
rc'ctly »f indir e ctly f»f con ^. truction, r e habili 
tation ef modomb'.ation trf rcoidontial 
structures: 

H4 prohibition »f tfee (**e ef l#a4 based 

paint; 
Q^ e limination af immediate l«i4 bused 

paint haj'.ards; 
(4f notification t» residents aft4 purchasers 
©f structures constructed prior te 1950 
»f hoi'.ards ©f le*4 based pamt poison 
tftgr 24 CFR Part 570.608 and 24 CFR 
Part 35, includmg pro\isions of the 
above: 

(1 ) prohibiting the use of lead-based paint; 

(2) requiring elimination of lead based paint 
hazards: and 

(3) requiring notification of the hazards of 
lead-based poisoning to purchasers and 
tenants of housing constructed pnor to 
1978 which was acquired or rehabili- 
tated with CDDG assistance. 

Authority G.S. 143-323: 143B-10; 42 U.S.C.A. 
5304 (b) (4): 42 U.S.C.A. 4801 through 4846. 

SECTION .1.^00 - DEMONS! R.VTION 
PROJECTS 

.1302 ELIGIBILITY REQUIREMENTS 

(a) Applications for Mousing Demon- 
stration projects must show that: 

(1) At least 51 percent of the C DBG funds 
proposed for each activity will benefit 
low- and moderate-income persons; 
and 

(2) CDBG funds proposed for each activity 
will address the national objective of 
benefitmg low- amd moderate-income 
persons, or aid in the prevention or 
elimination of slums or blight. Appli- 
cants that do not meet these require- 
ments will not be rated or funded. 

.■huhoritv G.S. 143-323: 1438-10: 24 C.F.R. 
570.489. 

SECTION .1400 - ECONOMIC 
DEVELOPMENT PROJECTS 

.1402 ELIGIBILITY REQUIREMENTS 

(a) Applications for Economic Develop- 
ment funds must show that at least 60 percent 
of the CDBG funds proposed for each activity 
will benefit low- and moderate-income per- 
sons. Applicants that do not meet this re- 
quirement will not be rated or funded. In 
designing projects which meet this requirc- 



763 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



mcnt, applicants must appropriately ensure 
that activities do not benefit moderate-income 
persons to the exclusion of low-income per- 
sons. 

Authority G.S. 143-323; I43B-I0: 42 U.S.C.A. 
5301; 24 C.F.R. 570.489. 

.1403 SELECTION CRITERIA 

(a) Projects will be evaluated against four 
selection criteria as foUows: 

(1) Project banofit te low aH4 modoruto in 

oomo pL<rsonri. The percentage of 
CDBG funds directly benefiting low 
aft4 low and modcrutQ incom e moder- 
ate mcome persons. wtU be uood »& tfee 
mL'ui i ur e ef thi* criterion. 

(2) Cost per jefer The CDBG cost per pro- 

posed job. wiii be uood as the mcaouro 
f4 Ais criterion. 

(3) Inve ' - i tment pef CDBG dollar i» tbe 
propo ' iL ' d projoct. The ratio of the 
amount of non-CDBG investment in 
the proposed project to the amount of 
CDBG funds in the proposed project. 
w4H- be uiiL'd as tbe mcaauro ef titis eri- 
turion. 

(4) The local conditions and impact in- 
cludini:: bour fcictorr . v¥tH be ui . ed to 
mcar i ure t-be local conditionL i a«4 tm- 

(A) county unemployment; 

(B) project wages; 

(C) number of project jobs; and 

(D) property tax. 

Authority G.S. 143-323: I43B-I0; 42 U.S.C.A. 
5304 (a) (I); 24 C.F.R. 570.489. 



completed and all funds returned to NRCD 
or the recipient within 36 months of the grant 
award in accordance with Rule .0907 of this 
Subchapter. 

(b) Projects which are designed to pro- 
vide assistance for the creation of jobs must 
comply with the requirements of Rule .1402 
of this Subchapter. 

(c) Projects which are designed to de- 
velop affordable housing for low and moderate 
income persons must: 

(1) be developed as defmed under Section 
3 (b) (3) of the U.S. Housing Act of 
1937. 

(2) maintain rents for low and moderate 
income families at affordable le\els, as 
determined by use of the U.S. Depart- 
ment of Housing and Urban Develop- 
ment, Housing Development Action 
Grant formula. 

Authority G.S. 143-323; 24 C.F.R. 570.489. 

.1503 SELECTION CRITERIA 

Criteria shall be announced by NRCD at 
least 60 days prior to its acceptance of appli- 
cations in this category. 

Authority G.S. 143-323; 24 C.F.R. 570.489. 

.1504 I LNDS AVAILABLE 

The percent of funds available for these 
projects shall not exceed 75 percent of the 
funds remaining as of June 30 of the current 
year in the letter of credit for the third year 
preceding the current year. 

Authority G.S. 143-323; 24 C.F.R. 570.489. 



SECTION .1500 - INTERIM ASSISTANCE 

.1501 DEFINITION 

The Interim Assistance grant category' in- 
cludes activities directed toward the develop- 
ment of affordable housing units and/or 
activities eligible under Rule .1401 and .1402 
of this Subchapter. AU program income re- 
sulting from the CDBG expenditure, as deter- 
mined at the time of the grant application, 
must be returned to grant recipients or to 
NRCD as provided under Rule .0907 of this 
Subchapter. 

Authority G.S. 143-323: 24 C.F.R. 570.489. 

.1502 ELIGIBILI lY REQLIREMENTS 

(a) Applications for Interim Assistance 
must demonstrate that the project shall be 



.1505 PRELIMINARY AWARDS 

NRCD shall announce preliminary grant 
awards after review and evaluation of Interim 
Assistance applications. A grant agreement 
shall not be extended to a recipient until pro- 
vision of an irrevocable letter of credit, bond, 
or other equivalent instrument securing the 
assistance to the developer to insure that suffi- 
cient program income to equal or exceed the 
CDBG assistance shall be available at the 
completion of the project. A preliminary 
award may be withdrawn by NRCD if an ac- 
ceptable security instrument has not been pro- 
vided to and approved by NRCD within 90 
days from the date of the preliminary award. 
If a recipient that has received a preliminary 
award demonstrates that special circumstances 
warrant, NRCD may grant an extension of 
time for providing the security instrument 



NORTH CAROLINA REGISTER 



764 



PROPOSED RULES 



subject to any conditions deemed appropriate. 
In no case shall the time for providing the se- 
curity instrument exceed six months from the 
preliminary grant award date. 

Authority G.S. 143-323; 24 C.F.R. 570.489. 
****************** 



1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Natural Resources and Com- 
munity Development, Division of Economic Op- 
portunity, intends to adopt regulations cited as 
15 KCAC I6E .0101 - .01 06;'. 020/ - .0202. 

1 he proposed effective date of this action is 
June II, I9S8. 

1 he public hearing will be conducted at 10:00 
a.m. on February 16, 1988 at Ground Floor 
Hearing Room, Archdale Building, 512 N. 
Salisbury Street, Raleigh. NC 27611. 



Co 



ommcnt Procedures: A II persons interested 
are imited to attend. Comments may be sub- 
mitted in writing or may he presented orally at 
the hearing. Oral presentations which exceed 
three minutes are requested to have a written 
copy to be filed with the hearing clerk. Further 
details of the proposed rules may be obtained 
by writing or calling: Mr. .fames L. Forte, Di- 
rector, Division of Economic Opportunity, Post 
Office Bo.x 27687, Raleigh, N.C. 27611. 
Phone: (919) 733-2633. 

CH.\PTER 16 - DIVISION OF ECONOMIC 
OPPORTUNITY 

SI BCHAPTER 16E - EMERC.ENCY 

CO.M.MLNITY SERVICES HOMELESS 

GRANT PROGRAM 

SECTION .0100 - GENERAL PROVISIONS 

.0101 PURPOSE OP PROGRAM 

The purpose of the Fmergenc)' Commu- 
nity Services Homeless Grant Program is to 
use public resources and programs in a more 
coordinated manner to meet the critically ur- 
gent needs of the homeless and to provide 
funds to assist the homeless with special em- 
phasis on elderly persons, handicapped per- 
sons, families with children. Native Americans 
and Veterans. 

Statutory Authority P.L. 100-77; G.S. 
I43B-I6; I43B-276; I43B-277. 



.0102 ALITHORII Y AND DESIGNATION 

(a) The department administers the 
Emergency Community Services Homeless 
Grant Program. 

(b) The division has been designated by 
the secretary of the department to administer 
the limergency Community Services Homeless 
Grant Program. 

Statutory Authority P.L. 100-77; G.S. 
1 43 B- 10; 1 43 B- 276; 1 43 B- 277. 

.0103 ELIGIBLE ACTIVITIES 

Activities funded under this Subchapter 
may include only those projects which: 

(1) Expand comprehensive services to 
homeless individuals to provide foUow- 
ups and long-term services to enable 
homeless individuals to make the transi- 
tion out of poverty. 

(2) Provide assistance in obtaining social and 
maintenance ser\'ices and income support 
services for homeless individuals. 

(3) Promote private sector and other assist- 
ance to homeless individuals. 

Statutory Authority PL. 100-77; G.S. 
1 43 B- 10; I43B-276; I43B-277. 

.0104 ELIGIBLE AGENCIES 

Eligible agencies for Emergency Commu- 
nity Services Homeless Grant Program funds 
are: 

(1) Community Action Agencies that are el- 
igible to receive funds under section 675 

(c) (2) (A) of the Community Services 
Filock Grant Act and that were providing 
services to meet the critically urgent needs 
of homeless individuals as of January 1, 
1987. 

(2) The statewide organization serving mi- 
grant and seasonal farmworkers that was 
providing services to meet the critically 
urgent needs of homeless individuals as 
of January 1, 1987. 

Statutory Authority PL. 100-77; G.S. 
1 43 B- 10; I43B-276; I43B-277. 

.0105 ELIGIBLE PROGRAM RECIPIENTS 

(a) Program recipients of services must 
meet the poverty guidelines as established in 
(a) of Rule .0107 of Subchapter 16C. 

(b) For the purpose of determining eligi- 
bility the following defmition shall apply: 
"Homeless Individuals" an individual who 
lacks a fixed, regular, and adequate nighttime 



765 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



residence; and an uidi\ idual who has a primary 
niglittimc residence that is a supervised pub- 
licly or privately operated shelter designed to 
provide temporary living accommodations 
(including welfare hotels, congregate shelters, 
and transitional housmg for the mentally ill); 
an institution that provides a temporary resi- 
dence for individuals intended to be institu- 
tionalized; or a public or private place not 
designed for, or ordinarily used as, a regular 
sleeping accommodation for human beings. 
(Exclusion: the term "homeless" or ''homeless 
indi\idual" does not include any individual 
imprisoned or otherwise detained pursuant to 
an Act of Congress or a State law). 



Statutoiy Authorilv PL. 
I43B- 10; I43R-276;' I43B-277. 



100-77: G.S. 



.0106 ALLOCATION OF I LNDS 

(a) Ninety-fne percent of the funds allo- 
cated under the Emergency Community Ser- 
vices I lomeless Grant Program will be used to 
make grants to those community action agen- 
cies as defined in (1) of Rule .01(14 of this 
Subchapter. Ilie amount of funds allocated 
to each eligible agency shall be based on the 
following method of distribution: Eunds shall 
be allocated based on the ratio (percentage) of 
persons in po\erty in the county (counties) 
ser\ed by the eligible agency compared to the 
total area (counties) served by all eligible 
agencies. Persons in poverty is defined as the 
number of persons who fall below the poverty 
threshold estabhshcd by the Bureau of Census, 
U.S. Department of Commerce. The number 
of persons in poverty will be based on the most 
recent available census data. 

(b) Five percent of the funds aUocated 
under the Emergency Community Services 
Homeless Grant Program will be used to make 
a grant to the statewide organization serving 
migrant and seasonal farmworkers as defmed 
in (2) of Rule .0104 of this Subchapter. 



Statutoiy Aulhoriiv P.L. 
1438- 10: I43B-276:' I43B-277. 



100- 



G.S. 



SECTION .0200 - ADMINISTRATIVE 
POLICIES AND I'ROCEDLKES 

.0201 GENERAL I'KOMSION 

(a) The pro\isions of Subchapters 16B, 
16C, and 16E of this Chapter shall govern ad- 
ministration of funds by grant recipients under 
the Emergency (Community Services Homeless 
Grant Program, except that in the case of 
conflicts among the provisions of Subchapters 



16B, 16C, and 16E, the provisions of Sub- 
chapter 16E shall govern. 

(b) Eunds shall not be used to supplant 
other programs for homeless individuals ad- 
ministered by the state. 

(c) Eunds will not be used to defray state 
administrative costs. 

(d) Agencies funded under the Emer- 
gency Community Services Homeless Grant 
Program will be required to show evidence of 
coordination w ith homeless assistance agencies 
at the local level in their application for funds. 



Statutory Authority PL. 100-77; 
I43B-I0: I43B-276: I43B-277. 



G.S. 



.0201 ACCOLNTABILITY 

Separate financial and program records 
shall be established and maintained to ensure 
fmancial and program accountability for funds 
received and expended under the Emergency 
Community Services Homeless Grant Pro- 
gram. 

Statutory Authority P.L. 100-77; G.S. 
I43B-I0; 143B-276; I43B-277. 

TITLE 21 - OCCLP.ATIONAL LICENSING 
BOARDS 

1\ otice is hereby gi\-en in accordance with G.S. 
I SOB- 1 2 that the N.C. State Board of Certified 
Public Accountant Examiners intends to adopt 
the regulation cited as 21 NCAC 8H .0005; and 
amend regulations cited as 21 NCAC 8G .0403; 
21 NCACSJ .0002; .0003: 21 NCACSK .0104. 



Th 



he proposed ejfecti\'e date of this action is 
June 1. 1 988. 



Th 



he public hearing will be conducted at 9:00 
a.m. on February 22, 1988 at N.C. State Board 
of CPA Examiners, 1101 Oberlin Road, Suite 
104. Raleigh, NC 27605. 



Co 



omment Procedures: A ny person interested 
in these rules may present oral comments rele- 
vant to the action proposed at the public rule- 
making hearing or deliver written comments to 
the board offices not later than noon on Febru- 
ary IS, 1988. Anyone planning to attend the 
hearing should notify the Executi\'e Director at 
the board offices by noon on Fhursday, Febru- 
ary 18, 1988, whether they wish to speak on the 
proposal and whether they will speak in favor 
of the proposal or against it. 



NORTH CAROLINA REGISTER 



766 



PROPOSED RULES 



CHAP IKK 8 - BOARD OF CERTIFIED 
I'l IJMC ACCOUNTANT EXAMINERS 

SUBCHAPTER 8G - PROFESSIONAL ETHICS 
AND CONDUCT 

SECTION .0400 - CONTINUING 
PROFESSIONAL EDUCATION 

.0403 COURSES AND SPONSORS 

(a) I"he following shall qualify as accepta- 
ble continuing education programs, provided 
the programs comply with the ' ' . tundard - i fof 
approval »f courf i oo »ft4 programs CPF Pro- 
tjam Standards set forth in these R e gulations: 
Rules: 

(1) Professional development programs of 
recognized national and state account- 
ing organizations; aft4 

(2) Technical sessions at meetings of re- 
cognized national and state accounting 
organizations and their chapters; aft4 

(3) Courses taken at colleges and universi- 
ties accredited by the Southern .Associ- 
ation of Colleges and Schools, or 
comparable regional accrediting organ- 
izations; aft4 

(4) Formal organized in-tinn association 
of accounting tirms education pro- 
grams; a«4 

(5) Formal correspondence courses; and 

(6) Other programs or courses complying 
with the standards set forth in Rule 
.0404. 

(b) The board wlU mamtain a list of 
sponsors which have agreed to conduct pro- 
grams in accordance with the standards set 
forth in these regulations. Rules. Sponsors 
shall indicate agreement by signing a CPI: 
program sponsor agreement fonn provided by 
the board. Such an agrceinent shall pnnide 
the board authontv to audit courses ottered by 
the sponsor to dctennine if the sponsor is 
comphing with the terms of the agreement. 
Failure to comph with the temis of the spon- 
sor agreement shall be grounds for the board's 
tennination of the agreement, remo\al of the 
(rPl sponsor's name from the listing described 
in this l^iragraph and notif\ing the public of 
this action. 

(c) Sponsors that are approved and listed 
in iiocid standing on the National Reiristry of 
CIM- Sponsors maintained by the National 
.Association of Stale Boards of .Accountancy 
shall qualify as acceptable Cl'l spcinsors. 
Cl'l sponsors listed on the N.ASB.A Registry- 
do not need to sign aLireements u ith the board 
as discussed in Paragraph ( b ) . 



(d) Continuing professional education 
courses offered by sponsoring organizations 
should be on a professional level and should 
be addressed to the body of knowledge of ac- 
countancy. Fxamples of courses which mi.ght 
NO [ meet such cnteria are: 

( 1 ) Basic courses in the areas of accoun- 



tancy, taxes and related technical sub- 
jects with which the licensee should 
already be familiar. 

(2) Programs not designed for professional 
competence such as: 

( A ) Information for the general public 
on such matters as personal develop- 
ment, personal money management, 
personal investments, elementary in- 
C(.)me tax, social secunty and retirement 
benefits, etc. 

(B) Sales-oriented presentations for office 
equipment and other system applica- 
tions. 

(3) Programs which do not in themselves 
contribute to the practice of accoun- 
tancy, such as: 

(A) Programs restricted to policies and 
procedures of a particular company or 
organization. 

(B) Programs presenting scientific and 
technical knowledge of a sophistication 
generally considered bevond the scope 
required for the practice of accoun- 
t^mcv. However, this would not ex- 
clude programs designed to acquaint 
the licensee with the economic, tax and 
accounting aspects of specialized areas 
of industry'. 

(e) Courses may be designed for CPE 
purposes in the following subject areas: 

( 1) Accounting; 

(2) Auditing; 

(3) Business law; 

(4) Communication Arts; 

(5) Computer Science; 

(6) Fconomics; 

(7) Functional Fields of Business; 
.A) .Accounting Practice Management; 



(B) Business Policy; 

(C) ["inance; 

(D) Marketing; 

(V:) Organizational Behavion 
(F") Organizational "i'heorx'; 
(G) Production; 

(8) Management .Ad\isor\' Services^ 

(9) Mathematics: 

(10) SFC Practice; 

(11) Social Fn\ironment of Business; 



767 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(12) Specialized Areas of InJustPv' (e.g., 



Banking, Fanning, Insurance. Real Fs- 
tate) 



(13) Statistics, Probability and Quantitative 
Applications in Business; 

(14) Taxation. 

(t) Neither the board nor its staff will 
'approxe" specific courses for CPI^ credit. 



For example, a course may contribute to the 
professional coinpctency of some participants, 
but not others. However, from the inlbmia- 
tion presented by the sponsor, the board's 
CPF Ad\isory- Committee may render an 
opinion as to whether the course may con- 
tri bute to the professional competence of some 
certified public accountants, or. as to whether 
the course may contribute to the practice of 
accountancy. If a sponsor has any doubts 
about the acceptability of a program, it should 
seek an ad\isor\' opinion from the board "s 
CPE Advisors' ('ommittee. If its answer is 
found to be unsatisfactor\'. the sponsor may 
request a lormal ruling from the board. Note 
that the opinion of the CPF. Ad\isor\' ('om- 
mittee is not binding on the board. 

Statutory Authority OS. 93-12 (Sb). 

SI BCH.Vl'TKR 811 - RKCIPROCn V 

.0005 EXEMPXrONS 

(a) A person temporarily entering the 
state for the sole purpose of teaching at a con- 
tinuing professional education or college 
course, delivering any other lecture or moder- 
ating any panel discussion shall be exempted 
from the use of title restrictions contained in 
G.S. 93-3 and the reciprocity Licensing re- 
quirements specified in G.S. 93-12(6) and the 
rules in this Subchapter of the North Carolina 
Administrative Code provided that, in every 
instance of any kind that the CPA title is used, 
there is disclosure of the state, territon,' or dis- 
trict granting the CPA title. 

(b) A person temporarily entering the 
state for the sole purpose of advisor)' or con- 
sulting services to persons employed b\- the 
same employer (including parent, sister or 
subsidiary entities) shall be exempted from the 
use of title restrictions contained in G.S. 93-3 
and the reciprocit\' licensing requirements spe- 
cified in G.S. 93-12(6) and the rules in this 
Subchapter of the North Carolina Adniinis- 
trative Code. 

(c) These exemptions do not apply to 
any other professional services or other busi- 
ness acti\'ities unless expressly described in this 



Rule or in a declaratory ruling issued by this 
agency. 

Statutory Authority G.S. 93-3; 93-/2. 

SIJBCH.APTER 8J - RENEW.AES AND 
REGISTRATIONS 

.0002 SLPERVISION .-VND REGISTRATION 
OF CPA OFFICES 

(a) F\er\ ofiice of a certified public ac- 
countant or firm of certified public accountants 
m ihe public praotico ©f accountancy in North 
Carolina which Bee uses any words, letters, 
abbreviations, symbols or other means of 
identification to indicate that the office is en- 
gaged in the practice of public accountancy 
accounting *s a c e rtified public accountant 
shall be actively and locally supervised by a 
certified public accountant whose primary re- 
sponsibility and a corresponding amount of 
time shall be work performed in that office. 
No person shall be designated as the manager 
supervisor of any such office unless he is the 
holder of a North Carolina certified public ac- 
countant certificate in good standing. 

(b) Fach individual practitioner or office 
super^^isor shall file an ofiice registration form 
with the board s office by December 31 of each 

,,'ar. indicating the name of the office supervi- 



sor, the location of the ofiice and the telephone 
number of each ofiice maintained within 
North Carolina. 



(c) Changes in the information required 
by Paragraph (b) shall be deli\ered to the 
board office uithin 30 days after the change 
occurs. 

(d) One representative of the firm may 
file all documents with the board on behalf of 
all firm ofl'ices in North Carolina; however, 
rcsponsibilit\' for compliance will remain with 
each office super\'isor. 

Staluton> Authority G.S. 93-12 (8a); 93-12 
(9). 

.0003 REGISTR.\TION OF PARTNERSHIPS 

(a) Each rooidont oortificato holder li- 
oonsod by- tfee board office supervisor, as re- 
ferred t_o m Rule 8J .(1002, shall submit 
annually. »t- the time he applioo f&f renewal ef 
hie certificate, by December 31 of each year a 
list of all resident and nonresident partners as- 
sociated with him in the practice of public ae- 
counting accountancy a«4 the location aH4 
resident partner ef manager »f ouch office e* 
branch office maintained h* North C tiro Una. 
One annual listing by the senior ©f r e sident 
partner a representative of each firm will satisfy 



NORTH CAROLINA REGISTER 



76S 



PROPOSED RULES 



this requirement tor all partners of the firm; 

te tlwt li ' . i ting. however, each partner shall re- 
main responsible for compliance with this 
Rule. 

(b) The absence of such a filing will be 
construed to mean that no partnership exists. 

(c) Changes in the required information 
shall be deln'cred to the board olfice within 30 
davs after the chanae occurs. 



Statutory' Auihoniv G.S. 93-9: 93-/2 (Sa); 
93-/2 (9). 

SI BCHAPTER 8K - PROFESSIONAL 
CORPORATIONS 

SECTION .0100 - GENERAL PROMSIONS 

.0104 REGISTR.VriONS AND RENEWALS 

fa-)- jVpplicQtions fof annual teftewal ef a 
oortiticato ©!■ rofflL ' tratitin evf » profeof i ional eei^ 
poration f i hall t*^ 61e4 wrtb th*f board prior to- 
the beginning ©f t4*e cal e ndar veaf fof ' i ^hich 
rent'wal &f registration i* roquoiUod aft4 chaU 
be accompanied ^ thr* applicabiij feer 

fb4 iXpplication '. fof a renev . al cortilicato 
&f rogi: ' tration 4+aH- be ift f . uch fonn i» suppli e d 
b^ tbe board aft4 i r . hall contain t4*e name aft4 
addro!>; . »f ri+e profe 'i gional corporation. J+te 
addr e c . fi e+' each additional oflico operated Bf 
maintained by tfee coqioration. A* namefi aft4 
addrer .'. e i : . ef aH- e4" th^ ofhoerfi. 4 irectorfi. aft4 
fihareholderfi. a«4 tl^* names aft4 addrer . r i efi ef 
ati tfee employeei i ef th<^ corjioration licensed 
by tl+e board under the prosiiuonfi evf Chapter 
^ e+ (-he G e neral Statute '. t*f > . orth Carolina, 
aH4 the namec ttft4 addrefi ' . . er . of all ofticerr . . 4i- 
rectorfi, charehulder ' j e* einployeeL . individually 
licenced by tfee board who have di e d, b e com e 
legally di '. qualitied tB- perionn ?4^ profec i r . ional 
fiep i 'ic e regulated by the board b* ceur i od tB be 
a fitockholder. oflicer e? emplo>ee of the eei^ 
poration fiince the tiling trf the latrt application 
r e quir e d to be 61e4 vrith- th<e board. 

(a) Professional corporations are to be 
formed and operated in accordance with the 
requirements specified in Chapter 55\i of the 
(ieneral Statutes oi_ North Carolina. Before a 
CP.\ professional corporation can otTer to 
pcrfonn or perfoim anv professional sep,-ices. 
h must register with this board. 

(b) I he incorporators shall prepare the 
articles of incor|ioration along with an\' sup- 
porting documents and appropnatc checks for 
fees pa\able to the Secretar. of' State. The 
incorporators shall also complete the applica- 
tion tor protessional association registration 



along with an\' supporting documents and ap- 
propriate check for fees payable to the board 
as shown on tlie application form. All of these 
documents shall be filed with the board. 

(c) Upon review and approval of the do- 
cuments for filing, the board oftiees shall issue 
a certificate indicating the name of the profes- 
sional association, the licensure status of the 
intended shareholders and other items are in 
compliance with board rules. The appropriate 
documents, including a certificate of registra- 
tion, will be forwarded to the office of the 
Secretary of State for processing. I'pon ap- 
pro\al of the documents for filing, the Secre- 
tary of State shall return to the incorporators 
the articles of mcorporation and certificate of 
registration. 

(d) Professional corporations are required 
to foUow the same rules of professional stand- 
ards and conduct as other licensed individuals, 
including the choice of business name. The 
incorporators, otTicers, directors and share- 
holders must all hold North Carolina certif- 
icates of qualification on active status. 

(e) Applications for certificates of regis- 
tration shall be on a form supplied by the 
board and shall contain the name and address 
of the professional corporation, the address of 
each addition:d office operated or maintained 
by the corporation, the names and addresses 
of aU of the officers, directors, and sharehold- 
ers, and the names and addresses of aU the 
employees of the corporation licensed bv the 
board under the provisions of Chapter 93 of 
the General Statutes of North Carolina. 

(f) .Applications for annual renewal of a 
certificate of registration of a professional cor- 
poration shall be filed with the board prior to 
the beginning of the calendar year for which 
renewal of registration is requested and shall 
be accompamed bv the applicable fee. In ad- 
dition to the items descnbed in Paragraph (e) 
of this Rule, renewal applications shall also 
contain the names and addresses of all officers, 
directors, shareholders or emplo\ees indi\'id- 
uall\' hcensed bv the board who have died, 
become legaUy disqualified to perform the 
professional service regulated by the board or 
ceased to be a stockholder, officer or employee 
of the corporation smce the last application 
was required to be tiled with the board. 

Statutory Aut/writv G.S. 55B-//; 93-S; 93-/2 
(3). 

•^•k-k-k-k-k-k-k-k-k^k-k-k-k-k-k-k-k 



'69 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



i V otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Hearing Aid 
Dealers and Fitters Board intends to adopt re- 
gulations cited as 21 NCAC 22A .0307 - .03/2; 
22J .0014: amend regulations cited as 21 
NCAC 22 A .0203 - .0204; .0301; .0303; 22B 
.0101; .0302; .0307; .0501; .0503; 22C .0101; 
.0903: 22F .0001; .0003 - .0005; .0007 - .0008; 
.00/0; .00/3 - .00/6; .00/S; .0020; 221 .000/; 
.0003; .0006; .OOOS - .00/3; 22J .0002 - .0003; 
.0005; .0007 - .00/0; 22K .000/ - .0004; and 
repeal regulations cited as 21 NCAC 22A .0101 

- .0105; .0201 - .0202; .0205 - .0206; .0302; 
.0304 - .0306: 22B .0/02 - .0107; .0201 - .0204; 
.0301: .0303 - .0306; .0308 - .0309; .0401 - 
.0402; .0502; .0504 - .0507; .0601 - .0602; 22C 
.0102: .0201 - .0205; .0301 - .0304; .0401 - 
.0402; .050/ - .0504; .0601 - .0602; .0701 - 
.0702; .0801 - .0808; .0901 - .0902; .0904 - 
.0911; 22D .0101 - .0/05; .020/ - .0205; .030/ 

- .03/0; .0401 - .0402; .050/ - .0503; 22E .0/01 

- .0103; .0201 - .0205; 22F .0002; .0006; .0009; 
.0011 - .00/2; .0017; .0019; 220 .0001 - .0002; 
22H .000/ - .0002; 221 .0002; .0004 - .0005; 
.0007: 22J .0001; .0004; .0006; and .00/1 - 
.00/3. 

1 he proposed effcctn-e date of this action is 
May I. /9S8. 

1 he public licaring will be conducted at /0:30 
a.m. on Febniaty / 5. /9S8 at the Real Estate 
Commission, /3/3 .\a\'aho Drive, Raleigh, NC 
27609, in the Commission Conference Room, 
2nd Floor. 



Statutory Autfiority G.S. 
/50B-//. 



93D-3; /50B-/0; 



a 



..omment Procedures: Interested persons 
may present written or oral comments at the 
hearing or may deliver written comments to tfie 
North Carolina State Hearing Aid Dealers and 
Fitters Board, / 36 Oakwood Dri\'e, Winston- 
Salem, NC 27103, from January 15, 1988 to 
10:00 a.m. on February 15, 1988. 

CHAPTER 22 - BOARD OF HEARING AID 
DEALERS AM) Kin ERS 

SUBCHAPTER 22A - BOARD Rl EES 

SECIION .0100 - OKCAMZAIIONAL Rl EES 
.0101 FORMAL NAME (REPEALED) 
.0102 PHYSICAL ADDRESS (REPEALED) 
.0103 OFFICE IIOLRS (REPEALED) 
.0104 MAILING ADDRESS (REPEALED) 
.0105 PI RPOSES AND RESPONSIBILITIES 
(REPEALED) 



SECTION .0200 - THE BOARD 

.0201 COMPOSITION (REPEALED) 
.0202 QUORUM (REPEALED) 

Statutory Authority G.S. 93D-3. 

.0203 MEETINGS OF THE BOARD 

Meetings of the board shall be held at- 
loast annually quarterly or on the call of the 
president, the executive secretary, or a majority 
of the members of the board, at- such timo aft4 
plac e as may be d e signated m such ealk The 
annual meeting to elect the president and the 
secretary-treasurer shall occur between the 
15th day of July and the 15th day of August 
in each year. Ihe dates for the quarterly 
meetings for the board's ensuing year :uid the 
examination preparation workshop dates for 
the upcoming calendar year shall be approved 
at that time. 

Statutory' Authority G.S. 93D-3 (b). 

.0204 APPOINTMENTS 

Aii Any members of the board afe ap- 
pointod by- tbe Governor. Appointments af© 
fof i.taggorod tenns. may continue to serve 



bevond his term until his successor is dub 



:a£: 



pointed and sworn, in accordance with G.S. 
93B-10, however any holdover shall not affect 
the expiration date of the succeeding term. 

Statutory Authority G.S. 93B-10; 93D-3 (a). 

.0205 QUALIFICATIONS (REPEALED) 
.0206 ANNUAL REPORT (REPEALED) 



Statutory Authority G.S. 93D-3. 

SECTION .0300 - DEFINITIONS 

.0301 DEFINITIONS AND 
INTERPRETATIONS 

1 he defmitions set »«t » 24- NCAC 33A 
mm af>fity to- ^ NCAC H twlyr cited in this 
Section shall sen'c as interpretations for terms 
appearing in G.S. 93D and m these Rules and 
Regulations. In addition, the definitions con- 
tained in the 1 ood and Drug Administration 
Standards concerning Hearing Aid Devices, 
Title 21 of the Code of Federal Regulations 
Part 801, as published in the 42nd Volume of 
the Federal Register ( February 15, 1977) page 
9294 are adopted herein by reference, in ac^ 



NORTH CAROLINA REGISTER 



770 



PROPOSED RULES 



ct^rdancc with (i.S. l5(llM4(h), with the foN 
IcnsiiiL; addilkiiis and amcndniciils: 

( 1 ) "Reconditioned" .shall mean that the 
eondituni ol^ ijie heannu aid is the same 
as a used heaniiL! aich 

(2) "Audiolouist" shall mean an\ indi\'idual 
holding a \ alid non-temporan' lieense as 
an aLidi()loi:ist issued by the North Caro- 
lina Board o\_ [■ xaininers tor Speech and 
I anuuaLie Patlioloiiists and /Xudiolotasts 



\\ ho is not required to ser\e as an ap- 
prentice, as set forth in Cj S ^)3D-5, before 
aiipKinj for issuance ot^ a license bv ex- 
amination, in accordance with the consent 
judizment entered m SO CVS 8161 and 
hied in Wake County Superior ('ourt l)i- 
\ision. the case entitled .Audu^loav Coun- 
cil o| North Carolina, hic. v_ The North 
Carolina 1 leannL: .\id Dealers and 1 itters 
Hoard. 



Slatutoiy Authority G.S. 93D-3 (c); I50B-I4. 
.O.M)2 HOARD (KKPF \LKn) 

Statutory Authority G.S. 93D-1 : 93D-3. 

.0303 I.KKNSi; 

"I iccnsc" includes , apprentice ''. hip liccn ^ ic 
a«4 regular licoiU ' O. shall mean the pnnted 
certificate, issued bv the board, which an indi- 
\'idual IS required to obtain before enuaani; m 
the httiim and selling of hearing aids inde- 
pendent (M a sponsor. 

Statutoiy Authority (}.S. 93D-3 (c). 

.0304 III' AKING AID (KKI'KAIKn) 

.0305 I'RAC IK K C)l SKI LIN(; AND FII IING 

III AKI\(; Ains (Kll'l AIKD) 
.0306 niSOKDI.RS Ol- IIKAKINti 

(Ktl'KAMn) 

Statutory Authority C.S. 93D-/; 93D-3. 



who has duly made application to the board 
for issuance of a license and for which one or 
more of the following conditions apply: 

(1) The indi\'idual is seeking admission to the 
next scheduled qualifying examination 
given by the board (license by examina- 
tion); 

(2) The indi\idual is seeking reciprocity 
pursuant to Cj.S. 93D-6; 

(3) 1 he indi\idual is seeking reinstatement 
of an expired license as set forth in G.S. 
93D-ll;or 

(4) The indi\idual is seeking reissuance of a 
suspended license in accordance with the 
provisions of G.S. 93D-13. 

Statutory Authority G.S. 93D-3 (c). 

.0309 1)1 L^ MADK AI'PLICATION 

"Duly made application" shall mean that 
the completed application form, including aU 
required documents, photographs, and fees, 
and any supplemental information requested 
by the board, is in the hands of the executive 
secretary of the board. 

Siaiutoty Authority G.S. 93D-3 (c). 

.0310 0\K FILL \FAR OF APPRKM ICESIIIP 

"One full )'ear of apprenticeship" shall 
mean that an individual, who is not an Au- 
diologist and does not hold a masters degree in 
Audiology, has held a valid apprentice regis- 
tration certificate for a period of 365 calendar 
days, has engaged in fitting and selling hearing 
aids for a minimum of 30 clock hours per week 
for a period of 50 weeks, and has received a 
minimum of 750 clock hours of direct super- 
vision from a licensee approved by the board. 
The maximum time span allowed for com- 
pleting the 365 calendar day requirement shall 
not exceed 24 consecutive months from the 
date of issuance of the initial apprentice regis- 
tration certificate. 



.0307 Rl (;iSr!.RKn APPRKNTICE 

"Registered Apprentice" shall mean any 
individual who has duly made apphcation to 
the board and has been issued an apprentice 
registration certificate which entitles such indi- 
\idual to fit and sell heanng aids under the su- 
pervision ot a licensee appro\ed by the board. 

Statutory Aulhoriiv G.S. 93D-3 (cj. 



Statutory Authority G.S. 93D-3 (c). 

.031 1 DIRKCI SL PERVISION 

"Direct supervision" shall mean the pro- 
vision of general direction and control, includ- 
ing immediate personal on-site inspection and 
evaluation of work constituting the fitting and 
selling of heanng aids, as well as the provision 
of consultation and instruction. 



.030S RK(.ISI KRI I) APPI K .\N T 

"Registered .Applicant" shall mean any 
indi\idual, including a registered apprentice. 



Statutory Authority G.S. 93D-3 (c). 
.0312 Al DIOMETF.R 



771 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



"Audiometer" shall mean an electronic 
device, used for air conduction testing, bone 
conduction testing, and for obtaining speech 
audiometry results, which contains a masking 
circuit, at least one VU meter, and capability 
of sound field output. 

Statutoiy Authority G.S. 93D-3 (c). ' 

SI BCIIAPTKR :2M - Rl IE MAKING 
PKOCK.Dl RES 

SECTION .0100 - PETITIONS FOR RL LE 
MAKING 

.0101 PETITIONS 

A«¥ pcrr . on wishing to submit a petition 
rL'quo '. ting A^ adoption trf a ft4c^ bv tbe Stuto 
Board ef I t e aring Ai4 Doalorn r . hall addrooo a 
pL ' tition to- ti^ Prot ' idont ef t4*t^ \oilh Carolina 
State? Board ei' I k'uring A44 Doak'n . . Pe^ O^ 
6«?e ftwr 1387, Grcen' i' illo, North Carolina 
37S1I. In accordance with G.S. 15nR-16, any 
person desiring the adoption, amendment or 
repeal ot' a rule bv the board shall submit a 
petition to the board containing the following 
information: 



( 1 ) Name of board; 

(2) A draft of the proposed rule: 

(3) Reasons tor the adoption, amendment 
or repeal; 

(4) Data supporting the proposed rule: 

(5) The etiect ot^^ the proposal on existitig 
rules; 

(6) P.ffects ot the proposed rule on persons 
licensed under Chapter '^3D of the Gen- 
eral Statutes of North Carolina; 

(7) Names (includini; addresses if known) of 
those most likely to be affected bv the 
rule; and 

(8) N'ame(s) and address(es) of petitioner(s). 

Statutory Authority G.S. 93D-3 (cj; 150B-12; 
I SOB- 16. 



.0102 CONTENTS OF PEIITIONS 

(RKPEAI ED) 
.0103 AMENDMENT OR REPEAL (REPEALED) 
.0104 CON lENTS OF PEIITIONS 

(REPEALED) 
.0105 (,RANTIN(; OR DENMNG PE LI LIONS 

(REPEALED) 
.0106 RECOMMENDATION (REPEALED) 
.0107 FINAL DECISION (REPEALED) 

Statutoiy Authority G.S. 93D-3; I SOB- 16. 

SECTION .0200 - NOTICE 



.0201 NOTICE TO PAR LIES (REPEALED) 
.0202 MAILING LIST (REPEALED) 
.0203 PUBLIC NO I ICE (REPEALED) 
.0204 INFOR.M.VLION REQl ESTS 
(REPE.\LED) 



Statutory 
1503-16. 



Authority G.S. 930-3; I SOB- 11 



SECTION .0300 - HEARINGS 
.0301 LOCATION OF HEARINGS (REPEALED) 

Statutory Authority G.S. 93D-3; ISOB-ll- 
I SOB- 1 2; I SOB- 1 6. 

.0302 COM.MENTS 

Aftv p e r ' jon dcciring to present data, viow a 
ef arguments »» y*e proposed r4» ef Rtle 
change must file a notice vvitfe Ae President &f 
A« State Board ef Hearing Ai4 Dealers. P^^^ 
Oflico 8o* 13S7, Greenville. North Carolina 
37831. a* lea^ -14 4a^ before t4*«» hearing. 
Such notice may be waived. t»f a failure to give 
notice swr be e.xcused by tfee presiding officer 
Bi Ae hearing fof good r e ason. yVny person 
pennitted to mak e aft efai presentation is efi- 
couraged to submit a ' ■ s'ritten copy e4 Vbe pte- 
sentation to t4*e President t4 t4w State Board 
ef I iearmg Ai4 Dealers. Pet+ Office «o^ +4^ 
Cjreenville, North Carolina 27831, at- least 44 
da\s prior to t4*e hearina. In accordance with 
Ci.S. 150B-12 and 150B-16. the record of 
hearing will be open for receipt of written 
comments for 30 ccinsecutive days prior to the 
date of the public rule making hearing. Any 
interested person may present wntten or oral 
comments relc\ant to th£ actions proposed at 
the public rule making hearing or may deli\er 
written comments to the board office no later 
than 10:1)0 a.m. on the day of the heanng. 
AiiN person planning to make oral comments 
is encouraged to submit a wntten copy of the 
presentation at or before the time of the public 
hearing. 

Statutoiy .Authority G.S. 93D-3 (c); 150B-I2; 
ISOB-16. 

.0303 REQUEST FOR ORAL PRESENTATIONS 

(REPEALED) 
.0304 ORAL PRESENT.\TION (REPEALED) 
.0305 WRITTEN STATEMENT REPEALED) 
.0306 ACKNOWLEDGMENT (REPEALED) 



Statutoiy Authority 
I SOB- 12: 1 SOB- 16.' 



G.S. 93D-3: ISOB-ll; 



.0307 CONTROL OF HEARINGS 



NORTH CAROLINA REGISTER 



772 



PROPOSED RULES 



(*} The presiding otficcr at the hcanng 
shall have complete control of the proceedings 
including the lollowing: 

(4-^ L ' xtL'ii '. inn e4^ atw time * roquiremontii, 
fi| fL - cognition t4 i ' puula ' n' ' , 
IrM time allotm e nt fof proiicntationis aft4 
f-H direction t4 t+^ (tew »+' di '. cur . r i ion afi4 
(4+t* maiiugomL - nt ef t4*** hearing. 
(4*f 44+(* pro '. iding olTicer tri- aH limo i. jihall 
trtke ir«w t+H+t- L ' ach per ' jon purticipuling h* t4w 
hearing i^ gisen » fotf opportunity Ve prtv . cnt 
vi e sv: . , tktte rtft4 comm e nts , allotment of time 
for oral presentations. 

Staiuton- Authority G.S. Q3D-3 (c); I50B-I2. 

.().M)8 RKQl ISr FOR STA1 KMKM ON FINAL 

DKCISION (KKI'FAI.FD) 
mm RFCORDS (RFPFAFKD) 

Statutofy Authontv G.S. 93D-3; I50B-II; 
I SOB- 1 2: I SOB- 1 6. 

SECTION .0400 - EMERGENCY RULES 

.0401 POWER TO ISSUE (REPEALED) 
.0402 LENGTH OF EFFECTIN ENESS 
(REPEALED) 

Slalittory Authority G.S. 93D-3; I SOB- 1 3. 

SECTION .0500 - DECLARATORY RULINGS 

.0501 REQUEST FOR DECLARATORY Rl LING 

Any person L i ubi ' tantially affected by a 
statute administered bv the board or bv a rule 
promulgated by the State Board ef Hearing 
Ai4 Dealer ;, board may request a declaratory 
ruling as to how tfe** otatute ef Ftii** applie ;. t» 
a gisen factual i .ituation e+ whether a particular 
board ft4t» vy ' I 'ulid. 4-bt» Pre ' jident ^f (4w Slate 
Board fc4 1 1 earing A*4 Deider^j wiif hav e tiw 
6©ie power te- make ouch declaratopr rulijrgo. 
the validitN' of a nile or as to the applicability 
to a ffl\en state of facts. All requests for de- 
clarators rulings shall be in writing and mailed 
to A*» I'r e ^ i ident el 4i© Slat e Board ei Hearinu 
At4 I,: ) ealer; . , j%t4 Qffit^ U^ \^^ Greenvilkr 
Noilh Carolina, 27S3 . 1. shall contain the fol- 
low ini: infonnalion: 

( 1 ) Name(s) and addrcss(es) of petitioner(s); 

(2) Statute and or rule to which the petition 
relates; and 



.0502 CONTENTS OF REQUESl (REPEALED) 

Statutory Authority G.S. 93D-3; I50B-I7. 

.0503 REFUSAL TO ISSUE DECLARATORY 
RULING 

Wlienover t4*e State Board »f Hearing Ai4 
Dealero believer , fof good r e ason Aa4- y%e> i j. r . u 
anc e »f a doclaratopy ruling » under . irablo it 
»»y refur.o to d» M»r Wh e n good re a '. on is 
doomed to exir . t, the board wtii notify A« poti 
tioner »f it* deci '. ion ift wnting, stating r e aconG 
fof the denial ef ft declaratory ruling. In ac- 
cordance with G.S. 150B-17, the board ma\ 



(3) Concise Nlatemcnt of facts and explana- 
tion ot^ the manner in \\ hich the petitioner 
is iniured. or thinks he ma\' be injured, 
bv the statute or rule as applied to liim. 

Statutory Authority G.S. 93D-3 {ci; I SOB- 17. 



decline to issue a declaratory ruling if any of 
the following circumstances exist: 

( 1 ) Ihe petitioner demonstrates that the cir- 
cumstances surrounding the promulgation 
of the rule arc so changed that the rule 
should be reinterpreted; 

(2) A similar factual situation has been the 
basis of a contested case; 

(3) The factual situation at issue was specif- 
icaUv considered upon the adoption of the 
rule being questioned, as e\'idenced bv the 
rule making record; 

(4) The subject matter of the requested de- 
claratory ruling is involved in a lawsuit 
pending in a court of this state or a tederal 
court; or 

(5) Failure to complv with the requirements 
contained in Rule .0501 of this Section. 



Statutory Authority G.S. 93D-3 (cj; ISOB-17. 

.0504 ISSL ANCE OF DECI AR.\TORY RULING 

(REPEALED) 
.0505 PROCEDURE (REPEALED) 
.0506 VALIDITY OF RULE (REPEALED) 
.0507 CIRCUMSTANCES (REPEALED) 

Statutory Authority G.S. 93D-3; ISOB-17. 

SECTION .0600 - FEES 

.0601 FEE SCHEDULE (REPEALED) 
.0602 AMOUNT (REPEALED) 

Statutory Authority G.S. 1 2-3. 1; 93D-3. 

SUBCHAPTER 22C - CONTESTED CASES 

SECTION .0100 - GENERAL RULES 

.0101 ADMINISTRATIVE HEARING 
PROCEDURES 

Whenever t4** board by ite official action 
at4* m f . uch a way as to affect the riglitf . , dutior . 
ef pris ' ileaeo »f a specific identified party, that 



773 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



purtv Hfi*m rL ' quL ' ! . t w+tt t>t» gi' i 'i'ii aft udminis 
truliv e hoanng. Sucli a hcanng VrtU b^ b(44 
prior te- aftv Finul board action »« the mat tor 
tf t+*e action t+f t+n* board arfocto a riglit, privi 
1^^ Of bunofit alr e ady unjovud hy 4+* party. 

(a) The folio winiz hearing division rules 
promiiljjated by the Oirice of Administrative 
Hcanngs. codified as Title 26, Chapter 3 of the 
North (,'arolina Administrati\c ('ode, effective 
August J_; 19S6. are hcreb\' adopted bv refer- 
ence to applv to contested cases of the board: 
(_lj 26 NCAC 3 .01)0 1: 



til 

lil 

[51 
(61 

121 
(^ 

(10) 

nil 

(121 
(13) 
(14) 

nil 

Q6i 
(17) 
(IS) 

(20) 

till 
Q2l 

Oil 
Oil 

(251 
(261 
(222 

On 



26 NCAC 3 .0002; 



26 NCAC 3 .0004; 



26 NCAC 3 .0005; 
26 NCAC 3 .0006; 
26 NCAC 3 .0007; 
26 NCAC 3 .0008; 

26 NCAC 

26 NCAC 3 .001 



3 .0010; 



26 NCAC 3 .0012; 



26 NCAC 3 .0013; 



26 NCAC 3 .0014; 



26 NCAC 3 .0015: 



26 NCAC 3 .0016; 



26 NCAC 3 .0017; 
26 NCAC 3 .0018; 



26 NCAC 3 .0019; 



26 NCAC 3 .0020; 
26 NCAC 3 



.0021; 

26 NCAC 3 .0022; 
26 NCAC 3 .0023; 
26 NCAC 3 .0024; 



26 NCAC 3 .0025; 



26 NCAC 3 .0026; 



26 NCAC 3 .0027; 

26 NCAC 3 .0028; and 

26 NCAC 3 .0029. 

Ihe referenced hearing division rules 
are adopted m accordance with Cj.S. 150B-14 

112L 

Staliiton' Authority G.S. 93D-3 (cj; 1508-14; 
I50B-3S {h). 

.0102 HEARINGS (RKPE.Vl.ED) 

Statutory Authority G.S. 930-3; I50B-3S. 
SEC I ION .0200 - REQUEST FOR A HEARING 

.0201 RKQl ESI (REIT. Al ED) 

.0202 I'REREQl ISI I ES (REPE MED) 

.020.? WRiriEN REQl ESr(REIT;AI.En) 

.0204 COM EN IS OE REQl ES I (REIT .\LED) 

.0205 ACKNOWI EDGMEN I (REPEAIED) 

Statutmy Authority G.S. 93D-3; I50B-3S. 



SECTION .0.^00 - THE (iRAMING OE 
HEARING REQUESTS 

.030! GRANTING A HEARING (REPEALED) 

.0302 CRITERIA (REPEALED) 

.0303 ISSUANCE (REPEALED) 

.0304 APPROVAL OF REQl EST (REPEALED) 

Statutoty Authority G.S. 93D-3: I.50B-3S. 

SECTION .0400 - WAIVER 

.0401 FAILURE TO NOTIFY (REPEALED) 
.0402 FAILURE TO APPEAR (REPEALED) 

Statutory Authority G.S. 93D-3; I50B-38; 
I50B-40. 

SECTION .0500 - NOTICE 

.0501 RE.VSONABLE NOTICE (REPEALED) 
.0502 NOTICE AND HEARING (REPEALED) 
.0503 ADDITIONAL INFORMATION ON 

NOTICES AND HEARINGS (REPEALED) 
.0504 WRITTEN ANSWERS TO NOTICE 

(REPEALED) 

Statutoiy Authority G.S. 93D-3; I50B-38. 

SECTION .0600 - WHO SHALL HEAR 
CONTESTED CASES 

.0601 HEARING OFFICERS (REPEALED) 
.0602 APPOINTMENT (REPEALED) 

Statutory Authority G.S. 93D-3: 150B-40. 

SECTION .0700 - PLACE OF HEARING 

.0701 LOCATION (REPEALED) 
.0702 ALTERN.\TIVE LOCATIONS 
(REPEALED) 

Statutoiy Authority G.S. 93D-3; J50B-38. 

SECTION .0800 - INTERVENTION 

.0801 REQUIREMENTS (REPEALED) 
.0802 PERMISSIVE INTERVENTION 

(REPEALED) 
.0803 DISCRETIONARY INTERVENTION 

(REPEALED) 
.0804 ADVISAUILITY (REPEALED) 
.0805 WRITTEN PETITION (REPEALED) 
.0806 PETITION FOR INTERV ENTION 

(REPEALED) 
.0807 ALLOWANCE (REPEALED) 
.0808 DENIAL (REPEALED) 

Statutory Aulhoritv G.S. 93D-3; 150B-I4; 
I50B-38. 

SECTION .0900 - HEARING OFFICERS 



NORTH CAROLINA REGISTER 



774 



PROPOSED RULES 



.0901 1IK.\KI\(; Ol I K FR (KKPKALED) 
.0902 CONDI d (KKI'EALKI)) 

Siaiuioiy Amhority G.S. 93D-3; I50B-40. 

.0903 ALLEGED BL\S OF BOARD MEMBER 

U fof »ftv reai i on » mumber trf t4w body 
CHmluLiina t4+e h e unng dotorminL": ! Ar+t- fH*f^ 
>. onal l»«t- Hf other luctorf . would koop kwH- »f 
kt?* from beintj al4t» to- conduct Ai* hcMnng a«4 
perform ali duties ift a«- impartml manner, be 
!. hiill ;. ubmit m- V i riting tn^ the l're ;i ident trf A# 
iStiite Boiird e4 I leanng Ai4 Dealer?) te dir . qu 
aliFicationf i . 

(a) ]f an\' partv in a contested case rca- 
sonabh belie\es that a member o\_ the board 
involved in t]ie hearing is personally biased or 
othcn\ise unable to participate in rulmtz on the 
issues raised in the hearing in an impartial 
manner, such part\- ma\' file with the board a 
sworn notanzed atfidavit stating the specific 
reasons and facts for such belief. .An affida\it 
will be considered timclv if filed before com- 



mencement of the hearing. Any other atfida\it 
ma\ be t'ound ti meK provided h is filed at the 
first oppo 11 units" after the parts becomes aware 
of facts which gi\e rise to a reasonable belief 
that an\ board member in\ol\ ed m the heanng 
ma\" be biased. 

(b) Ihe remaining board members shall 
decide whether to disqualifs' the person being 
challenged b\ the following procedure: 

( 1 1 T he person whose disqualification is to 
be detennined will not participate m the 
decision but may be called upon to 
furnish infomiation to tiie remaining 
members of the hearing board; 

The president of the Nortli Carolina 
State 1 leanng Aid Dealers and litters 
Board may appoint a member of the 
board or the executive sccrctars' to iiv 
\estigate the allegations of the affidavit; 



i2l 



(}) 



]_f appointed, the in\ estimator shall re- 
port his findings and recommendations 
to the remainder ot the members of the 
hearing board who will then decide 
whether to disqualitv the challenged in- 
di\idiial; and 
(4) A record of the proceedings and the 
reasons for decisicnis reached w ill be 
maintained as part ot the contested case 
record, 
(c) A board member shall refrain from 
participating in a contested case if at an\" lime 
he deems hiniself disqualified tor any reason. 



Statutory Aulhoritv G.S. 
(h). 



9 3D- 3 (c): I SOB- 38 



.0904 BL\S CLALMED BY PARTY 

(REPEALED) 
.0905 AFFIDAVIT OF DISQUALIFICATION 

(REPEALED) 
.0906 FILING AFFIDAVIT (REPEALED) 
.0907 DISQLALIFICATION (REPEALED) 
.0908 NEW HEARING (REPEALED) 
.0909 DISQLALIFICATION OF ENTIRE 

BOARD (REPEALED) 
.0910 DETERMINATION TO CON IINL'E 

(REPEALED) 
.0911 RECORDS (REPEALED) 

Statutory Authority G.S. 93D-3; 1508-40. 

SLBCHAPTER 22D - CONDUCT OF THE 
CONTESTED CASE 

SECTION .0100 - FAILURE TO APPEAR 

.0101 PROCEEDING WITHOUT PARTY 

(REPEALED) 
.0102 ALTERN.ATIVES OF HEARING 

OFFICER (REPEALED) 
.010.3 CONTINUANCES (REPEALED) 
.0104 PEII HON TO REOPEN (REPEALED) 
.0105 CKIIERLV FOR REOPENING A CASE 

(REPEALED) 



Statutory 
1508-40. 



Authority G.S. 93D-3: 1508-14; 



SECTION .0200 - PREHEARING 
CONFERENCE 



.0201 



DISCRETION TO HOLD PREHEARING 
CONFERENCE (REPEALED) 
PLRPOSES (REPEALED) 
NATLRE OF PREHEARING 
CONFERENCE (REPEALED) 
.0204 NOTICE OF PREHEARING 
CONFERENCE (REPEALED) 
SIMPLIFIC.VriON OF ISSUES 
(REPEALED) 



.0202 
.0203 



.0205 



Statutory Authority G.S. 93D-3; 1508-14; 
1508-40. 



SECTION .0300 - SUBPOENAS 



.030 1 
.0302 
.0303 



AUTHORITY TO ISSUE (REPEALED) 
ISSUANCE (REPEALED) 
SERV ICE OF SUBPOEN.VS 
(REPE.VLED) 

UNREASONABLE SUBPOENAS 
(REPEALED) 

OB.IECTIONS (REPEALED) 
STATEMENT OF REASONS 
(REPEALED) 
.0307 SERV ICE OF OB.IECTIONS 



.0304 

.0305 
.0.^06 



/J 



NORTH CAROLINA REGLSTER 



PROPOSED RULES 



(RKI'EALKD) 
.0308 KKSI'ONSKS TO OIUECTIONS 

(KKIM-ALKD) 
.0309 IIKAKIN(;S ON SUBPOENA 

CHALLENGES (REPEALED) 
.0310 RULINGS (REPEALED) 

Statiitoty Authority G.S. 93D-3; 1 SOB- 14; 
I50B-39. 

SECTION .0400 - DISCOVERY 

.0401 DLSCOX ERY OF INFORMATION 

(REPEALED) 
.0402 FAILURE TO SUBMIT TO DISCOVERY 

(REPEALED) 

Statutory Authoritv G.S. 93D-3; 1508-14: 
I50B-39. 



The board shall hold e xuminatiorm a4- k»^4- 
onoo a- year. Ordinaniy thct i o e xaminutionn 
f i hall be h«i4 »» March, i\pril, ©* May. I low 
oi l or, t4*e board rooor i 'L's the right te st4 the e*- 
aminations fof afty month. the qualifying 
examination as set forth in G.S. 9.^D-S on the 
first Saturday in May of each year and shall 
hold an additional examination on the first 
Saturday in Noycmber of each year provided 
that at least four individuals have duly made 
application for issuance of a hcensc and that 
the filing for admission to the examination was 
timely. 

Statutory Authority G.S. 93D-3 (c); 93D-8. 

.0002 PLACE OF EXAMINATIONS 
(REPEALED) 



SECTION .0500 - DEPOSITIONS 

.0501 LSE OF DEPOSITIONS (REPEALED) 
.0502 PROCEDLRE FOR TAKING A 

DEPOSITION (REPEALED) 
.0503 Rl LINGS ON DEPOSI LIONS 

(REPEALED) 

Statuton- Authority G.S. 93D-3: I SOB- 14: 
ISOB-39. 

SUBCIIAPI ER 22E - DECISION IN 
CON lESIED CASES 

SECTION .0100 - PROPOSALS FOR 
DECISIONS 

.0101 HEARING OFFICERS (REPEALED) 
.0102 PROPOSAL FOR DECISION 

(REPEALED) 
.0103 EX( EPIIONS (REPEALED) 

Statutoiy Authority G.S. 93D-3: I SOB- 1 4: 
1508-40. 

SECTION .0200 - OIUECTIONS TO BOARD 
DECISIONS 

.0201 FORM (REPEALED) 
.0202 RECORDS (REPEALED) 
.0203 SI BSTANIIAL PREJUDICE 

(REPEALED) 
.0204 ORAL ARGIMENTS (REPEALED) 
.0205 NOriCE (REPEALED) 

Statutory Authority G.S. 12-3.1: 93D-3: 
1508-14: 1 508-40. 

SI B( IIAPIER 22F - GENERAL 
EXAMINAIION AND LICENSE PRO\ ISIONS 

.0001 IIME OF EXAMINAIIONS 



Statutory Authority G.S. 93D-3: 93D-5: 
93D-6: 93D-S: / 508-9 (c). 

.0003 SUBMISSION OF APPLICATIONS 
AND FEES 

The board sihall announco t+te timo aft4 
place fop holding each e xamination at l e a? i t 9© 
dav! . prior te- the date thereof; aft4 aW applica 
tion - j frt* examinations muf . t be made te- the 
president ©f the board, accompanied by a 
check Hf money order fef the amount &f the 
examination lee as slat e d h* 3-1- NCA(-3 33+^ 
.0009 af+d made payable t» the North Carolina 
Stat e Board et 1 learing A44 Dealers aftd i4t- 

(a) A duly made application for issuance 
or renewal of an apprentice reigstration certif- 
icate shall be submitted to the executive secre- 
tary of the board no later than ten working 
days after the date that any of the following 
conditions exist: 

( 1 ) Whenever a registered apprentice i^ se- 
parated from his sponsor for any rea- 
son; 

(2) Whenever a registered apprentice is no- 
tified by the executive secretary of the 
board that he failed to pass the qualify- 
ing examination; 

(3) Whenever the executive secretary of the 
board notifies the individual that his 
apprentice registration certificate has 
been invalidated for any reason; and 

(4) whenever an Audiologist duly makes 
application for issuance of a license by 
examination and that individual elects 
to become a registered apprentice in 
order to engage in the fitting and selling 
of hearing aids, under the supervision 
of a licensee approved bv the board, 



NORTH CAROLINA REGISTER 



776 



PROPOSED RULES 



while waiting; to take the next seheduled 

qiialilyiiit: examination. 

(h) A registered apprentiee who holds a 

masters degree in Audiolog\' and i^^ not an 

Audioloast. as delmed in 21 NCA(^ 22A .0301 

2). ma\ t'lrst appK tor issuanec of a license bv 



(a) "['he hoard may require such suppk 



examination any time alter that indnidual has 
completed 250 clock hours o^ super\ision by 
a licensee appro\ed h\ the board. Ik)\ve\er, 
no later than ten wxirking da\"s after an\" reas- 



tered 
held 



l££I 



jiitice who is not an Audioiloast has 



a \ali' 



d apprentice registration certificate 



for 365 calendar days, the apprentice shall 
submit a dul\ made application for issuance 
of a license bv examination and shall take the 
next scheduled qualif\ing examination. All 
registered apprentices shall reapply tor a license 
bv examination, within the time prescnbed m 
Paragraph (c) of this Rule, each time they take 
and fail to pass the qualilXing examination. 

(ci W hene\ er a registered applicant is re- 
quired to take the qualif\ing examination as a 
condition tor issuance ot a license or reissuance 
of a suspended license, the duh made applica- 
tion shall be considered bv the board to be 
timelv if it is in the hands of the executisc 
secretarx' no later than 30 consecuti\e davs 
pnor to the examination date The board shal 



ha\e the nght \o_ refuse an\' person admission 
to the i.|ualif\ing examination if such indi\iJual 
has not duh' made application lor issuance or 
reissuance of a license, has not attended an 
examination preparation uorkshop as set tbrth 
in 2J_ NC.AC 221- .0014 02^ or has no^ made 
a timelv hling. 



(d) All fees shall be paid to the exccuti\'e 
secretary bv a bank cheek, certified check, or 
money order made pa\able to N.C. I ieanng 
Aid Healers and hitters Board. 



Staiuion- Authority G.S. 93D-3 (cj; 93D-9. 

.0004 Ql AI.iriCATIONS 

1 iich applicant mur . t !' Ubmit didcncc te- 
Ar* board winch 4«+14 r ^ how to the f . atif . faction 
H+ t+K» board <M^ f+h* applicant h^ 
f44 a- pcrr . on t*f good moral charactcT. 
(cM at- h ' a i' t -34 \ear ' .' . »f a^ fa pen . on +0 yearn 

ef »«e WKty- be awarded aft apprL ' ntic e .' U- 

conne). 
f^ the hold e r t4 a hidi nchuol dipUnna e* 

jte e qui' . alL ' iU. 
f44 fpee t4" conlaijiou; . t+f inf e ctiou s, di '. eu '.e . 

(rM h«^ pa '.'i ed (4ie iL ' qiured qualif> ing o.xani 
illation admini '. terod by t4+e board (unle;iC i 
r . uch applicant qualifi er, under 34- NCAC 
i^ .0011). 



mental information to all applications for is- 
suance and renewal ot a license or an 
apprentice registration certilicate as it deems 
necessar\- to detenninc the facts governing the 
qualifications of each licensee, registered ap- 
plicant, and reastered apprentice, as set^ forth 
m 21 NCAC 22 and G.S. 93D. Supplemental 
information rna\ include, but is not necessarily 



Limited to. letters of recommendation. 



alli 



da- 



vits^ photographs, photocopies. olTicial tran- 
scripts, and, if warranted, personal appearances 
before the board. 

(b) Any registered apprentice who holds 
a masters degree in Audiology and anv Au- 
diologist who elects to be a registered appren- 
tice shall, prior t£ the next scheduled qualif\ing 
examination, submit to 250 clock hours ot di- 
rect supervision bv a licensee appro\ed bv the 
board, \\hene\er such apprentice takes and 
faiJs to pass the qualilMng examination. 

(c) Any registered apprentice u ho is not 
an .'\udiologist and does not hold a masters 
degree m .Audiology sh:dl, for each week pnor 
to the next scheduled qualil\ing examination, 
submit to ]5_ clock hours of direct super\ision 
by a licensee appro\'ed bv the board. uhene\er 
such apprentice takes and fails to pass the 
qualitsing examination. 

(d) An .Audiologist who engages in the 
fitting and selling of heanng aids, solely while 
ser\'ing as a salaned empknee under the direct 
supervision of an otolar\n.gologist, shall not 
be subject to the proMsi ons 
or G.S. 93D. 



of 21 NCAC 22 



Statuioiy Aut/ioritv G.S. 93D-3 (c); 93D-5; 
93D-9. ' 

.0005 P.\SSING GRADES 

The board v4y grant curtificateu (mW te- 
those candidates ' ■ ' ■ ho '. hull obtain a grad e ©f 
at- lea*4- W points (m Ae examination, shall 
annualh' re\iew the contents and outcome of 
the pre\ious qualif\ing examinations and shall 
detemiine the minimum pertbrmance cnteria 
required for passing the examination. In ac- 
cordance with Cj.S. 93B-S (a), each applicant 
shall be intbrmed in writing of the require- 
ments for passing the examination prior to his 
taking the examination. 



Siaiiiion- Aiithoriiy G.S. 93D-S: 93D-3 (c). 
.0006 GRADING (REPEALED) 

Siaiuioiy Authoritv G.S. 93D-3: 930-5; 
93D-6: 93D-S: I50B-9 fcj. 



777 



NORTH C.iROLIN.A REGISTER 



PROPOSED RULES 



.0007 rOMMlJMCATION OF RESULTS OF 
KXAMINMIONS 

(a) -i^ prtv . ident wiU comTnuiiicuto to 
ouch applicmit Ute rL ' sult achiovod »» ti*e tw*- 
aminution. Pursuant to G.S. 93B-8 (b), each 
registered appHcant shall be identified by 
number, rather than by name, for purpose of 
the examination. 

(b) te- fte- osL ' nt ¥r*W tmy infonnulion con 
coniinij un^jwon . (*!■' cundidatoo bt» gi'i'en to- any 

^TTTC vTTTTCT 1 1 ILll 1 1 1 lU I^LIl IUI\JLll\J, 1 I V ' I Tl II I til IT 

anasvcro be acc e' i j. ibl a fof in i : . pL>ction at imy- 
time except at- t-h*^ di; . cretion ef A* board. 
I pon 444 days wntten notice, aft applicant v>4U 
be ailosved to review hts examination alter ri- 
ha* been grad e d. 1 he executive secretary of 
the board shall issue wntten ncUification to 
each registered applicant, conceminu only their 
o\\n perlonnance on the qualifviniz examina- 
tion, no later than 14 consecuti\e days after the 
results of the examination arc in the hands of 
the cxecuti\c secretar\'. 

Statutoiy Auihoriiy G.S. 93B-S; 93D-3 (c). 

.0008 RK\ IKW OF KXAMINAIION 

iVppliciuit ' . . mu ' . i t app e ar before the board 
ift per 'i on ' ■ vh e n t^t* reciuer . ted k+ answer que ;. 
tion ' -j a«4 ;. upply additit)nul e' l idence deemed 
neceL . L . up . ' by the board k* d e t e nnin e the appli 
cant 'i ' qualilicationr . aft4 e l i gibility. A mini 
mum »f i. e' i 'en days notic e vfiii be given t» a» 

HI 'l.'IIVllIll TTTTTT IT' V\.' I I III I\.V- CTTT lll'l '^.Ltl HI 11^ I.' l.'l-. 1 IJ I U 

the board regardmg qualihcation - .i aft4 eligibil 
jtvr As set forth in Ci.S. 03B-8 (c), each regis- 
tered applicant who takes and does not pass 
the qualilNing examination shall he granted an 
oppoilunitv to re\ieu- his examination in the 
presence of a representative of the board, upon 
written request from the applicant. Such 
written request shall be in the hands of the 
executi\e secretary of the board no later than 
30 consecutive days after the wntten notifica- 
tion of the examination results was issued by 
the excculi\e secretary. 



Statulury Authority G..S. 93B-8; 93D-3 (c). 
.0009 FKFS (RKPK.VLKD) 

Statutoiy Aut/writv G.S. 93D-3; 93D-5; 
930-6: 93D-S; /50B-9 (c). 

.0010 RFFl NDS 

I '.'lamination .Application fees wtH- .shall 
not be rehinded if the applicant foife te tate the 
e xamination for any reason. 



Statutory Authority G.S. 93D-3 (c). 

.001 1 RFCIPROCFFV (RFPFAFED) 
.0012 FICE^SFS (REPEALED) 

Statutory Authority G.S. 93D-3; 93D-5; 
93D-6: 93D-8; I50B-9 (c). 

.0013 APPREN FICFSllIP REQLIRFVIENTS 

A4t perr . ons must be aft apprentice f&f »fte 
few yeaf before the board eaft authorii'.e the '\%- 
suance ef a regular lioeni i o, aft4 must comply 
with the rules aft4 regulations »f the North 
(?arolina 1 l e aring A44 Dealers aft4 Fitters 
Board with respect te- training aft4 suporvi ' .' . ion 
during t4*e apprentic ei. hip year. I'ailure t«- 
comply with ftai4 rules aft4 regulations shall 
be sufficient grounds tB- deny »f revoke sai4 h- 
cense aft e r proper notice aft4 hearing. 

(a) Pursuant to G.S. 93D-9. each indi- 
s'idual who duly makes apphcation for issuance 
or renewal of an apprentice registration certif- 
icate shall submit a plan, using the fonu pro- 
vided by the board, for completing the 
supervision requirement for the apprenticeship. 
The registered apprentice shall submit a report 
of the apprenticeship experience, using the 
form provided bv the board, no later than ten 
working days after the date that any of the 
following conditions exist; 



Lii 



i2l 



ill 



1 he apprentice and his sponsor are se- 
parated for any reason and thus causing 
the apprentice registration certificate to 
become uivalidatcd; 

The apprentice, who is not an Audiol- 
ogist, has held a valid apprentice regis- 
tration certificate for 365 calendar days; 

1 he apprentice, who holds a masters 
de.gree in Audiology and is not an Au- 
diologist, has completed 250 clock 
hours of supervision, prior to first tak- 
ing the qualifying examination; 

(4) The apprentice has been notified by the 
executive secretary' of the board that he 
filled the qualifying examination and 
the individual is reapplying for issuance 
of a license by examination: 

(5) The apprentice, who has renewed his 
apprentice registration certificate after 
failing to pass the qualifying examina- 
tion, has been notified by the executive 
secretary of the board that he has 
passed the subsequent qualifying exam- 
ination: or 

(6) 1 he board has issued a written request 
to the registered apprentice for sub- 
mission of a report, in order to deter- 



NORTH CAROLINA REGISTER 



778 



PROPOSED RULES 



mine fultlllmcnt of the apprentice 

experience requirements^ 
(b) Ihc initial apprentice regstration 
certiflcate l^^ueJ to an\' pers(^n who is not an 
AudiologNt. and any subsequently issued re- 
placements for an imalidated certitlcate. shall 
expire alter the apprentice has held a \alid ap- 
prentice re>n^tratlon certificate tor a total of 
365 calendar da\s. I'pon receipt of a duly 
made application for issuance ot a license by 
examination, the board shall, when necessary', 
extend the certificate, at^ no charue to the reg- 
i>tered apprentice, until 30 consecuti\'e days 
after the results oi lh£ next scheduled qualify- 
ing examination are in the hands ot the execu- 
the board. 



tne secretar- 



1 he initial 



apprentice registration certificate, and any re- 
placements which are issued tci an .Audiologist 
prior to hi^ I'lrst taking the qualilying exam- 
ination, shall expire 30 consecutne days after 
the results of tjic next scheduled qualit\'ing ex- 
amination are in the hands o| the executive 
secretarx' of the board. 



(CI Whenever any registered apprentice 
takes and fails to_ pass the qualifying examina- 
tion, the indi\ idual shall duh" make apphcation 
for issuance of a renewal certitlcate which shall 
expire 30 consecutive da\ s aUer the results of 
the next scheduled qualifying examination arc 
in the hands of the executive secretary' of the 
board. 

(dl All registered apprentices shall com- 
ply with the rules and regulations, including 
the code of ethics, promulgated by the board 
and wiih the pro\i<ions set forth in Chapter 
'-^31,^ ol^ the Cjcneral Statutes of North Carolina. 
Failure to comply shall be sulficient grounds 
to invalidate an apprentice registration certif- 
icate, to deny renewal of an apprentice regis- 
tration certificate, or to den\' or revoke a 
license alter proper notice and hearing. 

StatutLvy Authority G.S. 9jD-3 (cJ; 93D-9. 

.0014 TR AIMN(; .\ND SI PKK\ ISION 

(a) Aft apprentice muc . t ' , ' ubmit te- direct 
I ' Uperviv . ion t4" » I ' pon ' . ' Or dt ' L i ignuted ef ap- 
provod ^^ At^ North Carolina I loaring A+d 
D i jalor - j ttft4 Fittorr . Board. v4*€v v4tt Fach reg- 
istered apprentice, excluding tfiose .\udiolo- 
gists who elect to be a registered apprentice 
while waiting to take the qualifving examina- 
tion tor the t'lrst time, shall submit [o direct 
supervision b> a licensee w ho is approved bv 
the board and who shall be responsible for the 
apprentice s training and super\"ision in the 
following areas: 



f44 tOGting aft4 evaluation t+f human h e ar 

f^ o' l aluation aft4 approval ©f att h e aring 

ai4 fittmgs: 
f^ proper hearing ai4 oonico l e clmiquoi; . ; 
(-H minor hoanng at4 repair: 
(-?-)• heanng tH4 th^ aR4 adjui i tmont: 
f6) opoech audiometry: 
f?} tt ' tUing techniquoc aft4 o' l 'aluation ef att 

hearing ai4 littingo: 
f8^ other f i peciah/.ed teoto Aat- Ae sponoor 

e* apprentice deem noce: i aary; 
f% maintenance ©f fili?* »f aft audiogramo 

aft4 fittingL i made hy ti^ apprentice: 

f44f providing fef h©* k?s* Aa» S43 hours 
ef instruction aft4 direct - . . uper i ir . ion 
within e«<* calendiij year unlei ' L i time 
bas been accumulated under another 
approved spont . or aft4 the board ap- 
proveL i tfee accumulated tim e . 
Anatomv . physiology, and pathology 



ill 

Lil 

lil 
ill 

(61 



of the auditorx' mechanism: 



Measurement techniques and test in- 
terpretation tor assessment of hearing 
impainnent and heanng handicap: 

1 leanng aid technology including in- 
strument circuitn and acoustic per- 
formance data: 

Desi 



selection, and modification of 



annold shell coupling s\ ^tems: 



I leanng aid selection procedures, and 
fitting and adjustment techniques: 
Post-deliverx' care including hearmg aid 
orientation and counseling techniques, 
and heanng aid senicmg: 
(2J, lithical conduct and rcgulatorx' issues 



concerning the fitting 
heanng aids: and 



and selling of 



(S) 



Other related topics that the sponsor 

or apprentice deem nece->sarv'. 

(-b4 I'ructical Li.xpenence. Apprenticef f 

f . hall have adequat e c . up e rv i - jed practical expe 

nence from th<* oponi ' Onng dealer dunng A<* 

apprentic e y e ar, fe accepting aft appr e ntic e , 

the r . ponoor afe© accoplG tl+e re '. ponj . ibility fef 

adequate training. 4-te expenence i i hall m- 

clude. tnrt ft«4- t»e Umited te- i^ follovv mg area;, . : 

(4-^ aii phui . eo ef hearing tei . ting (complete 

h e aring evaluation): 
f^ hearing awi ^ ' election ( hearing ai4 oval 

nation i : 
(4-f deliv e r . ' e4-' heanng aitk 
(4+ im ' truction aft4 consultation ift heanng 

{^ post fitting adjustment!: . : 

f4+ earmold impre ^. sions aft4 modifications; 

f?i servic e aft4 repair techniques. 



"9 



.\ORTH CAROLINA REGISTER 



PROPOSED RULES 



fe^ {b} Ilach iiiiprontioe. boforo rooeiving 
a regular lioL'nt . o, Before taking the qualifying 
examination for the first time, each registered 
apprentice who is not an Audiologist shall at- 
tend an apprunticL' training su ' dtjiun which iihaLl 

V-^.-t 1-1 ■ 1 1 ■ \ \ i^w i \-\ «-!-»- ^ ■ < ■ ^ 1 • .^ t \t It i^n o^^-l^ ir^^r r\r\r^ rf~i <-- 
t^C rT^TTT IV.' 1 L 1 1 1 \J\J VJU, T J I T I H_' l^J CTT^Tr T V-TU CrTTTTTTTTC 

imutL ' ly i(\ days prior te A** liocn ' jing exam- 
ination preparation workshop, sponsored by 
the board, which consists of three 2-day ses- 
sions. The workshop dates will be scheduled 
in conjunction with the dates for the qualifying 
examinations. Infonnation concerning the 
scheduled times, dates, and topics for each 
session may be obtained from the executive 
secretary' of the board. Written notice of intent 
to attend any or all of the 2-day sessions must 
be in the hands of the cxecutiye sccrctar.' of the 
board at least three consecutive days prior to 
the starting date of each session. 

fd-^ Fe'r - ionij who hold » mar i tor's dogroo 
m audiology from an- accr e dit e d univijn . ity aft4 
v < \\o hasL' complc ' tod A^ oupen ioed e xp e ri 
oncod roquirumonto »f G.S. 90 2'J5 tihall b# 
ex e mpt from A<* appronticoLihip rL ' quircmL ' nto 
stated m Subparagraph (a)(lQ) *h4 I'aragruph 
fei Bi tfe Rule, brt rjhall be required te- com 
plele i^ hour '. e+' on ^. it e ef face to face frti- 
pen i j. ion ilunng t4te apprentioei ' hip y e ar by a 
ji ponr . or de '. ignated by t4*e board. 

fe-^ I'un . uant to GtJ»t QJD II, a^ pen . on - j 
vrbo currently hold a eeililicato »f clinical 
competency m audiology and are oalaiied em- 
ployee ' j under t4*e direct Liuper i i ' jion »f a phy 
sioian liceiuied under G.S. W shall ake be 
porsono He4- affected by GtSt 03D. 

(c) During the time that any individual 
holds a \alid apprentice registration ccrtihcate 
or has duK made application for issuance of a 
license, that person ma\' attend any or all of 
the workshop sessions on each occasion that 
the\ are conducted. The board shall have the 
right to refuse any person admission to the 
workshop sessions if the individual is not a re- 
gistered apprentice or a registered applicant, 
or if timely notification of intent to attend was 
not made iri accc)rdance with Paragraph (b) of 
this Rule. 

Statutoiy Authority G.S. 93D-3 (c): 93D-5. 

.00 1. S SPONSOR'S DUTIES 

(a) U shall be U*e responi . ibility trf Ae 
I'.ach sponsor of aft- a registered apprentice to 
acquaint h» apprentice with 24- > . 'Ci\G ii aft4 
te- shall supervise, instruct, and train demon 
s trate, afhi educate his apprentice in accord- 
ance with 34- NCi\G ^ the rules and 
regulations promulgated bv the board, includ- 



ing the code of ethics, and with Ae North Ga- 
rolina Chapter 93D of the General Statutes 
goseming hconooeo; aft4 of North (Carolina. 

(b) Aft applicant may obtain a sponsor 

C7TT I LIS ^^^^^ IIUIILLLI * ^' i tTTTTTTj^ ^nTrTTTT^TTTTTTTTTT 31 lULf 

be res'iewed by t4*e board before approsal ef 
hi* sponsorship; provid e d, ho' . s'O' . 'or, tbat- Ae 
board fihaU be ultunately responsible fof pro 
viding Bf designating a sponsor fof any appli 
eaftt- who i* unabl e te obtain a sponsor Bft bis 
own initiativ e , who may be a member ef the 
board, ef other qualified person &f persons 
designated by the board. 

Pursuant to G.S. 93D-9 (c), the sponsor shall 
assist his apprentice in submitting all required 
plans for completing the supenision require- 
ments for the apprenticeship and all required 
reports of the apprenticeship experience. 

(c) In accepting an apprentice, including 
any individual who is an Audiologist or holds 
a masters degree in Audiology, the sponsor 
shall be responsible for the conduct of such 
registered apprentice while that individual is 
engaaed in the fitting and selling of heanng aids 
and shall acquaint his apprentice with all fed- 
eral and state regulations concerning the fitting 
and selling of hearing aids. 

(d) In accepting any apprentice who has 
taken and failed to pass the qualilXing exam- 
ination, the sponsor shall prosidc training and 
direct supervision in accordance with this Rule 
and 21 NCAC 221- .1)1)04. 

Statutory Authority G.S. 93D-3 (c); 93D-9. 

.0016 SEPAR.VTION OF APPRENTICE AND 
SPONSOR 

(a) In any case where aft a registered ap- 
prentice license hold e r is separated from his 
sponsor for any cause, be shall surrend e r bis 
identification 6af4 te his sponsor fof return t& 
tbe board with his apprentic e lic e ns e certifioato. 
Upon application ©1^ a Rew sponsor, a Hew 
identification eaf4 may be issued aft4 bis aew 
apprentice license shall be forwarded te- bis 
Hew sponsor after n e cessary fees hav e been 
paid, reason, the following procedures shall 
apply: 

( 1) The apprentice shall return the original 
and all copies of his invahdated ap- 
prentice registration certificate, along 
with his pocket identification card 
which was issued by the board, to the 
executive secretary of tjic board within 
ten working days after such separation; 

(2) 1 he sponsor shall notif\' the executive 
secretaiy of the board, in writing, of any 
separation from his apprentice w^ithin 



NORTH CAROLINA REGISTER 



780 



PROPOSED RULES 



ten uorkiriij davs alter such separation; 

anJ 

(3) I he sp(msor shall assist the apprentice 

bs relumini! to the e\eeuti\e secretary' 

iM the board, within ten workin.jj days 

after such separation, the on. anal and 

all copies of the apprentice s invalidated 

apprentice registration certificate that 

ina\ be in the possession ot^ the spon- 

sor_ 

( h ) lailure to abide by the procedures 

stated in this Rule iTia\ result in denial ot an\ 



future applications for issuance o| an appren- 
tice reinstration ceilil'icate or a license, and may 
result m disciplinary' action for the sponsor af- 
ter proper notice and hearing;. 

Suiiuiutj Auihority G.S. 93D-3 (c/; 93D-5. 

.0017 APPRKNTICK THRMIWTION 
(RKPEAl.ED) 



Stati/toty Aiuhoritv G.S. 
93D-6: Q3D-S; I50B-9 id. 



93D-3; 93D-5: 



.0018 CHANGE OF ADDRESS 

It is the duty of all licensees, within A# 
Stato »f North ("urolinu registered applicants, 
and rCLdstered apprentices to notit\ the execu- 
tive secret ar\ of the board, uithm ten wt^rking 
days, of an\' change in addrcji i e* the business 
location. nanie(s) or the street addresstes). 
uithin the State o( North Carolina, of their 
place(s) of business or proposed placets) of 
business. 1 ailure to dci so may result in a fifn* 
t4~ H*+ mor e than twenty t'l' .e doUurri (^25.00). 
liccn^ . L' ' Uispen i' ion t+f rc" i ocation. Any «*» t*f 
more ©4' t4^ peiuiltic ' !: . may- ^ mipo^ ' Cd by Ae 
board disciplinary' action after proper notice 
and hcannc 



Slatutorv .Uiihority G.S. 93D-3 (Cj: 93D-/0. 
.0019 SPONSORS' RESIDENCE (REPEALED) 



quircment for license renewal. The duty of 
obtaining information regarding the number 
of required continuing education program 
clock hours of credit or the topic content cat- 
egories applicable for credit, and for obtajniruz 
the forms, issued by the board, for requesting 
program approval and attendance verification 
is solely a the responsibility of the licensee. 
Current requirements may be obtained from 
the executive secretary of the board and these 
requirements shall be reviewed annuallv by the 
board. 

Statutory .iuthoriiy G.S. 93D-3 (c); 93D-II. 

SUBCHAPTER 22G - RENEWALS AND 
REGISTRATIONS 

.0001 ANNL AL RENEWAL OF CERTIFICATES 

(REPEALED) 
.0002 FORFEITURE (REPEALED) 

Statutory .Authority G.S. 93D-3: 93D-II. 

SUBCHAPTER 2211 - RE\OCATION OF 
LICENSES 

.000! PETITION AND BOARD PROCEDURES 

(REPEALED) 
.0002 PROC EDI RE WHERE MEMBER OF 

BOARD IN\OL\ED (REPEALED) 

Statutory .Authority G.S. 93D-3; 93D-13; 
I SOB- 14: I50B-3S. 

SUBCHAPTER 221 - EXAMINATION OF 
CLIENTS 

.0001 CLIENTS' INTEREST 

A hearing ai4 doalor aft or careful e valu 
at ion t4" t4*? disorder e4' h e anng r . hould All li^ 
ccnsees shall advise the chent to take the 
neoerif i aP i recommended actions tfert- would as 
prescribed in 21 CI'R Sni (effective .August 15, 
1977). Subparts SO 1.420 and SO 1.421, in order 
to serve the best interest of the cHent. 



Stotutoir .Authority G.S. 
93D-6: 93D-S: I50B-9 (c). 



93D-3: 93D-5; 



.Authority G.S. 93D-3 (c); 21 CFR 801.420; 
21 CFR 801.421. 



.0020 CONIINl INC EDI CATION 

Continuing education i* endiT '. ed by U*e 
board em4 each ap|''rentice ctft4 regular lic e n !r e e 
*^ encouraged k+ ]''artici|''at e i«- e ducational »f>- 
ponunitie ' ' . e« a r e gular ba ; ' . if ' . -1-be board vr+ii 
require ei i idence t4' continuing e ducation by 
each liceii '. ee at- tbe tim e (-4~ tlieir licenf .e Fe- 
n e v . al. 1 ach licensee shall be rcciuired t£ ob- 
tain a specified number of Continuing 
I ducation I nits, on an annual basis, as a re- 



.0002 PROFICIENCY (REPEALED) 

.Authority G.S. 93D-3: 21 CFR 801.420: 21 
CFR 801.421. 

.000.3 MSUAL INSPECTION 

ft» hearing at4 dealer a«4 fitter oliall w» 
aft otor . cope »f other suitable eaf light to- e?«- 
amine All licensees shall use a suitable device 
havins: its own lieht source for \'isual in- 



781 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



spcclion of the external auditory canal and the 
t\mpanic membrane, in order to fuirdl the re- 
quirements of 2J_ CI R <S()1 ( effective August 
15, 1977), Subpart 801.420 concerning the 
wamin,^ to hearina aid dispensers. 

Auihority G.S. 93D-3 (c); 21 CFR 801.420. 

.0004 MEDICAL REFERRAL (REPEALED) 
.0005 MEDICAL REFERRAL OF OIHER 

IIEARINT, PROBLEMS (REPEALED) 

Authoritv G.S. 9JD-3; 21 CFR 801.420; 21 
CFR SOI. 421. 

.0006 DLSCLOSLRE 

I'VL'py portion who seH* afi4 fite hourin^ 
ai4^ i . lmll d e liv e r <«• the p e r ' ion purcha '. inLi t4+t» 
huaring h+4 a recuipt Bf bo()kk ' t containing t4w 
folkT i ving: 
f44 nam e ctf>4 addrooii t»f doulor; 
(-3^ name t»f ! .e lk ' r af>4 fitt e r; 
fi^ name' »f cur i tomcr; 
f4^ name »f manufacturer; 
{4^ tktte ©f Stile »ftti dolisor/; 
(-6^ condition h4-" hcaruig »i4t n e w. U '. ud, Fe- 

conditioned; 
f?-^ model r*«4 t. enul number ef the instru 

ment; 
ftv). total et^ U* cuL ' tomer l+w hearing ai4 

a«4 accc". .' iorio ' .i provid e d; 
f^ charge fevf fitting a«4 t iep i 'ice; ctfhi 
(404 ' -iignature »f cu -. tomer. 

(a) In addition to the inR)rmation re- 
quired bv C>.,S. Q.U)-7, all licensees shall, by the 
time of deli\er\ of the hearing aid(s), complete 
a written statement of sale containing the fol- 
lowing: 

The business name and street address, 
within the State of North ('arolina, of 
at least one place of busiiK'ss of the sel- 
ler. 

The name of the person delivering the 
hearing aid(s) and the name of the per- 
son who sold the heanng aid(s); 

The name of the purchasing party, if 
different frcMn the name of tjie con- 
sumer; 

The date of sale, if different from the 
date of deli\'er\'; 
The model of the heanng aid(s); and 

The total cc^st to the purchaser for all 
products and services. 

(b) A copy of all statements of sales shall 
be retained for a period of three calendar years 
trom the date of deli\ery of the hearing aid(s). 

Statutory .tut/writy G.S. 93D-3 (c). 



Qi 

ill 
111 

lii 

(51 
(61 



.0007 ALDIOMETERS (REPEALED) 

Auihority G.S. 93D-3; 21 CFR 801.420; 21 
CFR 801.421. 

.0008 CALIBRATION CHECK FOR 
ALDIOMETERS 

(a) All audiometers used in the fitting and 
selling of hearing aids must shall have an an- 
nual calibration check and be recahbrated, if 
necessary, between January -1-st- aft4 Apiil +st-T 
-fte board w41i Ret- accept cahbration recurdu 
e.xc e pt from calibration c e nterfi approved by 

* V"* -1 1-1 ."t ■» ri-\ \ 1 « .- * J-v t tW^ *•> 1 1 * t-» ■"! ■-« f . -1 .-1 ,^r-\.n t j-u-f- iTT_i-i_it 

1 1 IV TTTTTTT^TT rT TTTTT \J 1 II I\. CITTTTTTmTTC^r CHllVT" 1 1 lU T 

be obtained from Ae s e cretaPr ef t4» board, in 
accordance with the standards cited in Rule 
.0010 of this Subchapter. 

(b) Whenever any individual applies for 
issuance and renewal of a license or an ap- 
prentice registration certificate, the board shall 
require proof of audiometer calibration within 
the 12 consecutive months preceeding such 
application. 

Statutory Authority G.S. 93D-3 (c). 

.0009 APPROVAL OF CALIBRATERS 

U audiomotorf . afe calibrated >sithin tbe 
State ef North Carolina tbe person, firm, 
company »f corporation (unless they are »»- 
nufacturers ef audiometers) doing tbe caU 
bration must be The board shall not accept 
calibration records from any individual or cal- 
ibration center unless such individual or center 



has been approved by the board prior to cali- 
bration. Manufacturers of audiometers re- 
gardleoo ©f their location, may calibrate 
without prior approval of the board. A list of 
authorized individuals and centers, as well as 
the fomi used to apply to become an author- 
ized calibrater, may be obtained from the exe- 
cutive secretary of the board. 

Statutory Authority G.S. 93D-3 (c). 

.0010 STANDARDS FOR ALDIOMETERS 

All audiometers used m measuring A# 
hearing thresholds must for fitting and selling 
hearing aids shall be in cahbration according 
to ASA, \^^ Bf ANSI published the standards 
which are contained in the ANSI S3.6-1969 
(revised 1979) specifications for audiometers 
and which are adc^Med by reference, m ac- 
cordance with G.S. I5()B-14 (b). 



Stalutoty Authority G.S. 93D-3 (c); 11 
.0011 SYMBOLS FOR ALDIOGRAMS 



503- 14. 



NORTH CAROLINA REGISTER 



7S2 



PROPOSED RULES 



(a) The board recommends that the fol- 
lowing standard symbols aft* to be used in re- 
cording hearing thresholds: 

(1) Right car unmasked will be noted de- 
noted as follows: 

fa^ (A) air -- a small circle; 
ftH iJil bone -- a 45 degree ande pointing 
left. 

(2) 1 eft ear unmasked will be noted de- 
noted 

as tt)llows: 
(*} (A) air -- a small "x"; 
0*+ (_B| bone -- a 45 degree angle pointing 
nglit. 
(3 1 Riglit ear masked wUl be noted denoted 
as follows: 
fa4 (A) air -- a small triangle; 
(4h (B) bone -- a single bracket open on 
the right. 

(4) Left ear masked will be noted denoted 
as follows: 

f»+ (.\) air -- a small square; 
(4*^ (J3] bone -- a single bracket open on 
the left. 

(5) No response m for the right ear will be 
noted denoted by a small arrow point- 
ing southwest. 

(6) No response » for the left ear will be 
noted denoted by a small arrow point- 
ing southeast. 

(7) An astcnsk will denote ihc contralateral 
ear masked. 

(8) A capital "S" wiU denote fre^ sound 
field responses. 

(b) In aU cases where the s\mbols listed 
in this Rule are not used, a s\mbol key shall 
be included on the audiogram fonn. 

Siaiuton Authority G.S. 93D-3 (c). 

.0012 ^ISl'L.\^ OF printed 

( KRin K All S 

ileunng rH4 dealer!] t*«4 litterc . aft4 »p- 
prenticea muc . t Iiq' i Q a» office te- diaplay their 
liceiv- ' e tt«4 mu ^. t carrv ' » copy ef their lic - enr . e 
' i vith them svhen doing tnit '. ide bu ' .iine 'i L . wiiich 
take;' ' th e m from their office ' . . . Pursuant to 
G.S. ^).^D- 1 2. all licensees and registered ap- 
prentices shall ha\e a street address. Icicated 
within the State of North Carolina, at which 
the\ displa\ their license or apprentice regis- 
tration certificate. In addition, all licensees and 
registered apprentices shall carr. with them a 
cop\ of their license or apprentice registration 
certificate, or their pocket identification card 
issued bv the board, w hen doiniz business 
which t:ikes them outside oi their offices. 



Statuloiy Authority G.S. 93D-3 (cj: 93D-I2. 

.001.^ CLIENTS' RIGHT TO SERMCE 

(a) Scr\'ice after sale is a customer'o con- 
sumer's right and tb» doulor mu - jt all licensees 
and registered apprentices shall furnish Mt to 
each hearing aid purchaser, in writing, at least 
one business address wrthin the State of North 
Carolina where sen.'icc and fulfdlment of guar- 
antees can be obtained. This infonnation shall 
be gi\en to the purchaser bv the tune of deliv- 
ery of the hearing aid(s). 

(b) A post office box d*»t» shall not suffice 
for a dealer the business address referred to m 
Paragraph (a) of this Rule and the address of 
an\ hearing aid manufacturer, distnbutor. or 
repair facility, located outside the State of 
North Carolina, shall not suffice for this re- 
quired address. In addition, the address of any 
heanng aid manufacturer or repair facility 
v\ithin the Slate of North (Carolina shall not 
suffice for the referenced address, unless the li^ 
censee or registered apprentice who is the seller 
of the heanng aid(s) is also the owner or an 
employee of such facility. 

Statutory Authority G.S. 93D-3 (c). 

SI BCH.\PTER 22.1 - I NETHICAL CONDI CT 

.0001 FRAl D (REPE,\EED) 

Statutory Authority G.S. 93D-3: 93D-I3. 

.0002 EMPLOYMENT OE SUSPENDED OR 
LNLICENSED PERSONS 

It shall be unethical and against Ae rules 
ef U*? board a \iolation of this Rule to employ 
directly or indirectly any suspended or unli- 
censed person to perform in a capacity regu- 
lated by llou '. e ftli 04^ Chapter ^m, O^ 
9 -ID 1 througli 9JD 16. Chapter 93D of the 
General Statutes of North Carolina. 

Statutory Authority G.S. 93D-3 (c). 

.000.^ AD\ERriSING 

(*t^ It shall be unethical and against \kt% 
rulec i (4 Ae board te a \iolation of this Rule 
to perfonn any of the following acts: 
( 1 ) To use or cause or prompt the use of any 
advertising matter, promotional Literature, 
testimonial, guarantee, warranty, label, 
brand, insignia, or any other represen- 
tation however disseminated or published 
which is misleading, decei\'ing, or un- 
truthful; 
(-^ [2} 14- shall- ak» br' unethical te To adver- 
tise a particular model, type, or kind of 



'S3 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



hearing aid for sale when purchasers or 
prospective purchasers responding to such 
advertisements cannot have it demon- 
strated to them or cannot purchase the 
ad\ertiscd model or kind from the d e al e r 
ef fittor Hcensee or registered apprentice, 
and the purpose of the advertisement is to 
obtain prospects for the sale of a different 
model, type, or kind of hearing aid than 
that advertised; 

f&} A hcanng ai4 d e aler Bf fitt e r shall R«t 
reprcHiont ihai t4+e prtifot . uional oor i 'iooo ef a*i- 
¥tee ef a phyiiioian. Bf audiologiot vriii fe>e uued 

T_ri 1 1 1LIU\^' CrrTinTTTTTC III \.J\- I ]. J 1 1 IL, , llllllIJl,, cT^TTCTrmTTtTTTy 

maintcMuinc e , e* repair ef hearing ch4 wfeeft 
thtrt- i* Hot- true; ef using Ae ' . s'ords "doctor," 
"clinioul" and or "rer . earch audiologist," "au 
diologic" Hf oth e r wordr . »f similar cla ii S, *fe>- 
br e viations, symbolu e* e c|uipm e nt, such as 
stethoscopes, h e ad mirrors, ef headlights, 
which tend te- connote audiological Bf profos 
sional sersicos when such Bse is net- accurate, 
usual ftftd customaP i '. provided Aat Ae t+tle 
"certified hearing at4 audiologist" may be used 
when (4+e lic e ns e i* («■ certified by Ae National 
I leanng Atd- vSoci e iV- 

(3) To advertise that a product is offered for 
sale at_ a "sale pnce" w hen, within the past 
six months from the date of t]ic ad\cr- 
tisement, less than 50 i^ercent of all sales 
of that specific model of 'he product were 
sold at_ a higher price; 

(4) To advertise hearing aids at a low price 
and thereafter attempt to encourage cus- 
tomers to purchase similar hearing :iids 
which were not descnhed and pnced in 
such advertising; or 

(5) To advertise or disseminate any infor- 
mation which represents hearing aids as 
having a regular price or state \alue, or 
words of similar meaning, when, within 
the past six months from the date of the 
ad\crtisement, less than 50 percent of all 
sales C2i that specific model of the product 
were sold at that price. 

Statutory Authority G.S. 93D-3 (c); 93D-I3 
(a). 

.0004 IJSK 0[' LICENSE BY AN01 HER 
(REPEALED) 

Statuioiy Authority G.S. 93D-3: 93D-I3. 

.0005 DLLANLVriON OF COMPETITORS 

■^r©- hearing at4 dealer 9* fitter It shall be 
unethical and a violation of this Rule for anv 



competitors by falsely imputing to them dis- 
honorable conduct, inability to perform con- 
tracts, questioned credit standing or 
competency, by fois» representations, or to 
falsely to disparage the products of competitors 
in any respect, their business methods, selling 
prices, values, credit term policies, »f seP i 'icoo. 

Statutory Authority G.S. 93D-3 (c). 

.0006 DISPLAY OF PRODUCTS (REPEALED) 

Statutory Authority G.S. 93D-3; 93D-I3. 

.0007 PRICES 

It shall be unethical and against tbe rules 
ef Ae board a violation of this Rule to quote 
prices of competitive h e aring a*4ft ©f de' i ices a 
competitor without disclosing that they afe 
may not be the present actual current prices 
e* to show, d e monstrate, ef represent com 
petitivo models as being cunent models when 
such vs ftet a fact, charged by the competitor. 

Statutory Authority G.S. 93D-3 (c); 93D-/3 
(a). 

.0008 USE OF TRADEMARKS 

(^ It shaU be unethical and against the 
rules ef t+H» board a violation of this Rule to 
imitate, copy, or otherwise simulate the trade- 
marks, trade names, service marks, brands, or 
labels of competitors with the capacity, tend 
ency ©f effect for the purpose of misleading or 
deceiving purchasers e* prospectiv e purchasers. 
consumers. 

ffe) Ne hearing ai4 dealer ef fitter shall 

» 1 ■ ' ^t ■ «i Vv f ■-> .-J 1 '.-> *~t • r- 1 t-\ rw /~t T *• !-■ ."t r-' ■*» nr^ j^ «'*-' j~* ■ t -'"> t r-i ■ ^ j->-i ■! 
Tjr^lU ITT rTTTT n\J f \JI I IL.<I1 I EL. U 1 1 1 IL.' rTTTTTTfy 111^' UV, I nTTTTTC^ 

©F trademark ©f a particular manufacturer ©f 
hearing ai4 ift- such mann e r as te imply a Fe- 
lationship vMk t4*e manufacturer tha4^ does »©* 
exist, ©f othenviso, to- mislead ©f deceive buy 

eFSr 

Statutory Authority G.S. 93D-3 (c): 93D-/3 
(a). 

.0009 OBTAINING INFORMATION ABOUT 
COMPETITORS 

N©- hearing ai4 dealer ©f fitter It shall be 
unethical and a \'iolation of this Rule to obtain 
infonnation concenring the business of a 
competitor by bribery of an employee or agent 
of such competitor, by feise ©f misleading 
statements, ©f misrepresentations, by th^ h«- 
personation ©f ©fte ift authority, or by any 
other unfair means. 



licensee or registered apprentice shall to defame 



NOR TH CA R OLINA R ECUS TER 



784 



PROPOSED RULES 



Statutory Authority G.S. 93D-3 (c). 

.0010 INDLCKMKMSTO I't KCHASK 

It shall be unethical and against Ae rulos 
&f tb<? board a \iolation of this Rule to directly 
or indirectly gi\e, otTer to give, pennit, or cause 
to be given mone\' or anNthing of value to any 
person who advises another in a professional 
capacity, a* aft induccmont t« intluoncc? thorn 
to- contract k+ purchase? product ' . . ^-♦44 ef f4- 
ferod fcvf ••ak' ):«r » houring i**4 doalor &f te i*»- 
tluoncc aftv porr . on te- rofrain Irom dL ' aling m 
U*^ products trf compotitoff i , ef with compot 
itoro. for the purpose of diverting or influenc- 
ing the treedom ot choice of the consumer m 
the selection of a source for the titling and 
selHni: of heanns aids. 



Statutory Authority G.S. 93D-3 (c). 

.001 1 MISREPRESENTATION OF EDUCATION 

(REPEALED) 
.0012 MISREI'RESENTATION OF PRODUCTS 

(REPEALED) 
.0013 UNETHICAL BUSINESS PRACTICES 

(REPEALED) 

Statutoiy Authority G.S. Q3D-3: 93D-/3. 

.0014 FALSE OR CONCEALED INFORMATION 

It shall be unethical and a violation of this 
Rule to make false statements or represent- 
ations to the board or to willfully conceal in- 
formation from the board in connection with 
the issuance, reinstatement, reissuance, re- 
placement, or renewal of a license or an ap- 
prentice registration certificate, including 
information as to whether any registered ap- 
prentice has satisfied or complied with the ap- 
prenticeship requirements. 

StatutoiT Authority G.S. 93D-3 (c): 93D-I3 
(a). 

SUBCHAPTER 22K - FORMS 

.0001 DESICNAIION 

The forms used by the North Carolina 
State Roard »f I learing /Vid Dealers and Fitters 
Board Vr+U shall be known by the following ti- 
tles: »«4 numerical designations: 

(1) .Application for License; — lorm HAD 1; 

(2) Audiometer Calibration R e port — Form 
HAD 2. .\pplication for .Apprentice Re- 
gistr,ilion Certilicate; 

(_3| .Application lor I iccnse Renewal; 
(4) Plan lor Completing the Supervision 
Requirements lor the .Apprenticeship: 



(5) Report of the Apprenticeship F,\periencc: 

(6) Application for Appro\'al of a Program 
for CF I, AccreditatioTK 

(7) Report of Program /\ttendance for Issu- 
ance of CPU Credit; 

(8) Application to Become an Authorized 
Calibrater: and 

(21 Application for Replacement of a Valid 
Printed Certificate Due to loss or Name 
Chanse. 



Statutory Authority G.S. 93D-3 (c); I SOB- 1 1 
(I). 

.0002 APPLICATION FOR LICENSE 

(a) Form Hj\D 1 k. th^ application form 
fof aft initial hct ' nso as a h e aring ai4 d e alar aft4 
fitter; aft apprenticeship licem - o: a renev i al li- 
conse: and, a reciprocal dealer aft4 fitters li- 
conse. it- r e quires the folio ' i ving infonnation: 
f4-^ general inibnnation, 
f^ education, 
k^ references, 
f-k qualifications, 
f^ miscellaneous data, 
^ typ e »»f lic e ns e applied fef^ 
{p^ applicant's affidavit, aft4 
f84 sponsor's aflidasit. 

(4*-)- A recent photograpli »f At» applicant 
must b<* attached tt> t+te application. 

ft?-)- Both the applicant s alTida' i it aft4 the 
sponsor's affida' . it must be notan/.ed. 

fd^ A check fef the correct amount ef t^ 
License applied fof must accompany the appli 
cation. 

Fhe .Application for Ficense form shall be 
used by all registered applicants, as defmed in 
21 NC.AC 22A .0308. who arc seeking issuance 
of a license. 



Statutory Authority G.S. 93D-3 (c). 

.0003 APPLICATION FOR APPRENTICE 
REGISTR.\TION CERTIFICATE 

Fonn HAD 3 is the audiometer eali- 
bration report ' . vhich must be fill e d »«t aft4 
submitted tft tl*e board once a ye«f t» assure 
tiwtt all- audiometers afe cahbratod t» meet the 
r e quir e d standards. The .Application for .Ap- 
prentice Registration Certificate form shall be 
used on each occasuni that any indi\idual is 
appKing for issuance (M an initial apprentice 
registration certificate, issuance of a new cer- 
tilicate to replace an in\alidated apprentice re- 
gistration certilicate, or issuance ot a renewal 
certiticate. 



Statutory Authority G.S. 93D-3 (c). 



785 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.0004 At CKSS TO FORMS 

I he fonns donoribod listed in 3+ \'(3AG 
ii¥^ 21 NCAC 22K .0001 aw »» fi^e » tfee 

DcaleTS ktcult ' d at- -1444 West- ftftb St root &«- 
t e ni i ion, (jre 'e nviUt', North Carolina 27 8 3'1 aft4 
may be obtained through a vtsit- te ' . . am e ofTicor i 
ef by anting t© Ae Pr e r . id e nt (4 t+H* Stato 
Board ©+" lloarinu A*4 Dualorr . at- ^^t^trt OlTieo 
fte* -y^Tr GrL - envillLV Nwtk Carolina 278.11. 
from the executive secretary of the board. 

Siatutufy Authority G.S. 93D-3 (c); I50B-II 
(I)- 



i V otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the .Worth Carolina Board of 
Pharmacy intends to adopt, amend regulations 
cited as 21 NCAC 46 .1303; 1601; 1804; .2001; 
.2004 - .20/6. 

1 he proposed effective date of this action is 
June /. /9SS. 



Th 



he public hearing will be conducted at 2:00 
p.m. on February 16, I9SS at The Institute of 
Pharmacy. 109 Church Street. Chapel Hill, 
North Carolina 27514. 



Co 



-omment Procedures: Persons wishing to 
present oral data, views or arguments on a pro- 
posed rule may fie a notice with the board at 
least 10 days prior to the public hearing to the 
board at Post Office Box H, Carrboro, North 
Carolina, 27510. Any person may also file a 
written submission containing data, comments 
or arguments at any time until 30 days after the 
hearing. 

CHAPTER 46 - PHARMACY 
SEC! ION .1300 - CENERAI, DEFINITIONS 

.1303 PHARMACY PERMIT 

"Pharmacy Permit" means a pennit is- 
sued or reissued by the Board of Pharmacy for: 

(1) a new phannacy; 

(2) a chantze of pharmacist -manauer of an 
established phannacv; 

A change of ownership of an established 
pharmacy to a successor business entity 
but not including transfer to or from a 



sole proprietorship, a partnership, corpo- 
ration, or any other business entity unless 
such transfer results in a change in the 
controlling interests in the pharmacy; 
(4) (4) a transfer of ownership of a pennit is 
not allowed where the permit is or will be 
involved in a pending disciplinary pro- 
ceedings. 

A change in controlling interests shaU be 
deemed to have taken place with the acquisi- 
tion of more than 50 percent interest by any 
party. 

Statutoiy Authority G.S. 90-85.6; 90-85.21. 

SECTION .1600 - LICENSES AND PERMITS 

.1601 PHARMACY PERMITS 

(7) -the board i^haLl He* ii . cuL * ef ronow a pe*- 
HMt- In addition to the requirements for 
issuance and renewal of a pharmacy per- 
mit imposed by statute and by other rules 
and regulations of the board, a permit 
shall not be issued or renewed to any 
person to operate a phannacy wherein tfee 
prescriptions ei m e dical practitioners are 
compounded or dispensed and distributed 
when such distribution is effected by mail 
and the traditional physician - pharmacist 
- patient relationship docs not exist, I'ro 
sided, hov i escr, t4+at- t4Ms Rulo shaU aet- 
proliibit tli** occasional mailing ©f pfe- 
' jcription drugs te bona l+de cuiitomgrii ef 
a»y phannacy vshen the traditional phyoi 
oian pharmacist patieiit rolationship is 
pro ' jt ' nt . until the board is satisilied that: 

(a) The pharmacy maintaiiis records of 
prescriptions compounded or dispensed 
and distributed in a manner that is 
readily rctrie\able; 

(b) During the phannacy "s regular hours of 
operation but not less than six davs per 
week, for a minimum of 40 hours per 
week, a toll-free telephone service is 
provided \o_ facilitate communication 
between patients and a pharmacist at 
the pharmacy who has access to the 
patient's records. This toll-free number 
must be disclosed on the label aflixed 
to each container of dispensed drugs; 

(c) The pharmacy complies with all lawful 
orders, directions, and requests for in- 
formation from the boards of pharmacy 
of all states in which rt is licensed and 
all states into which it distributes pre- 
scription dmizs; 

(d) The pharmacy complies with all I SP 
and FDA requirements regarding the 



NORTH CAROLINA REGISTER 



786 



PROPOSED RULES 



storage , packaging, and shipping of 
prcscnption medications. 
The pharmacist manager and all other 
pharmacists emplo\ed m pharmacies permitted 
pursuant to this 1 Paragraph shall be subject to 
all 1 ederal and State statutes and regulations 
concerning the dispensing of prescription 
medicatuins includini:. but not limited to. 21 
\( AC 46 ■ I SO 1 and .1S1)5. and 2]_ C.l-.R. 
1306.1)4, 1306.1)5. and 1306.21. 
C^)) Pennits to operate pharmacies and drug- 
stores as provided for in G.S. 90-85.21, 
whether original or renewal, shall be is- 
sued to the pharmacist-manager of such 
drugstore or pharmacy pursuant to a joint 
application of the owner and pharma- 
cist-manager for the conduct and man- 
agement of the said pharmacy as required 
by G.S. 90-85.21. The issuance of said 
permit shall not be complete and the per- 
mit shall not be \'ahd until it has been 
countersigned by the pharmacist-manager 
as represented in the application. The 
permit so issued is valid only so long as 
the pharmacist-manager to whom it was 
issued assumes the duties and responsibil- 
ities of phannacist-manager. Permits may 
be reissued at any time to a successor 
pharmacist-manager pursuant to the 
proper amendment of the application for 
the permit. Such reissuance shall he m 
accordance with the statutes and regu- 
lations izoveminiJ the issuance of phar- 
mac\ pennits. 

Statuloty Authority G.S. 90-S5.2I; I50B-II. 

SECTION .1800 - PRESC RII'IIONS 

.1804 PKKSCRIPTION: RKCEIMNfJ .\M) 
DI.SPENSING 

In order to assure that the traditional 
physician' pharmacist patient relationslup ex- 
ists and the safe and secure distribution of 
drugs and devices and to pro\ide the services 
specified in G.S. 90-85. 3(r) to ultimate users 
who are not institutionaUzed: 
(ll An_\ place where prescnplion orders are 
rt .' coi' t 'L ' d fof oventuul llHing ef rdilling 
filled or refilled shall have a pennit as 
specified m G.S. 90-85.21 or G.S. 90-85.22 
and confonn to all pertinent requirements. 
(2j The dispensing |see G.S. 90-85.3(f)| of 
prescription orticTr . drugs described in 
Paragraph (1) of this Rule shall occur 
onl\- on the same premises where the pre- 
scription order was rocei' . od filled or re^ 
filled and all relcwant transactions shall be 



completed at that location, except as pro- 
vided in Paragraph (3) of this Rule. 
(3) I'rescnption orders ma\- be receised for 
filling and refilling and prescription drugs 
may be delivered only by a pharmacist or 
a bona fide emplosee of the pharmacv. 
Prescription drugs must be delivered di- 
rectly to the patient or to an adult mem- 
ber of the patient's household or to 
another responsible person acting on the 
patient's behalf. The person to whom 
dcli\"er\^ is made must sicn for the pre- 



scription drugs where practicable, and if 
such is not practicable, then the person 
m:iking the delivery must sign and indicate 
how and where deliven.' was accom- 



plished. I'he pharmacists shall maintain 
records for three years of all prescnption 
drugs which are delivered pursuant to this 
Paragraph. The pharmacist manager of 
the pharmacy shaU be ultimateh" respon- 
sible for the receipt of prescnption orders 
and deliver>' of prescription drugs in con- 
foiTnance with this Paragraph. 

Statutoiy Authority G.S. 90-85.3. 

SECTION .2000- .\DMIN1STRATIVE 
PROMSIONS 

.2001 RIGHT TO HE.\RING 

(*) LSubchaptor j€ ef tke Model Admin 
i '. trati'nj Pro cud ur e a fo* iVdmini ' jtrati' i ' tj Il e armg 
Proc e dur e s, codified as Title 34t > ' Ci\C', effec 
ttve Tebruapy 4-^ 1986, afe hereby adopt e d hf 
reference, ift applying ^ >iCAC. Subchapter 
iQ te $4»>T board. At> definitions contained » 
oa NCAC 3A -m^ shali apf4¥ a* modified 
herein: 

f4^ "i\gency" means tl*e North Carolina 

Board B+ Phannacy. 
f3-^ "i\gency jVddreoo" moans: 

North Carolina Board »f Pharmacy 

Carrboro, North Carolina 27510 
{^ "i\gency Head" 

frV^ i» At^ context »f fowl agency deoi 
sions. "agency head" moans Ae board. 
f4^ tft y*© context ef Uw board grunting 
admini '. trati' i 'e autluirity, "agency 
head" means t4*e executive director ef 
t4*ti board. 
f^ Copies &f a NCAC Subchapter 2e 
aft4 oa NCAC 3A MH^ aw e»t fik* » Ae 
board s office w^ni mav be iii '. p e ct e d m- t4*tri- 
oflice »f at- A«* Oflice &f Administrative 
Hearings, Raleigli, N.C. Copies may be eb- 



7S' 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



tain e d fof a charg e t» be cJL'tunninod by ea^ 

officu. 

When the board acts or proposes to act, 
other than in rule-making or declaratory ruling 
proceedings, in a manner which will affect the 
rights, duties, pri\'ilcges or a license of a spe- 
cific, identihable person, such person has the 
right to an administrative hearing. When the 
board proposes to act in such a manner, it 
shall give such person notice of their nght to 
a heanng by mailing by certihed mail to them 
at their last known address a notice ot' the 
proposed action and a notice of a right to a 
hearing. 

Statutorv Authority G.S. 90-S5.6; ISOB-II; 
150D-3S. 

.2004 RKQl EST lOR HEARING 

(a) Any time an individucd believes their 
rights, duties, or privileges have been affected 
by the boards administrative action, but has 
not received notice of a right to an adminis- 
trative hearing, that individual may file a for- 
mal request for a hearing. 

(b) Before an individual may file a re- 
quest he must first exhaust all reasonable ef- 
forts to resolve the issue informally with the 
board. 

(c) Subsequent to such infoimal action, 
if still dissatisfied, the individual should submit 
a request to the board's office, with the request 
bearing the notation: REQUEST FOR AD- 
MINIS TRATIVE HEARING. The request 
should contain the following information: 

( 1 ) name and address of the petitioner, 

(2) a concise statement of the action taken 
by the board which is challenged, 

(3) a concise statement of the way in which 
the petitioner has been aggrieved, and 

(4) a clear and spiecific statement of request 
for a hearing. 

(d) The request will be acknowledged 
promptly and, if deemed appropriate by the 
board, a hearing will be scheduled. 

Staiutoiy Authority G.S. 90-85.6; I50B-II; 
150B-38. 

.2005 GR.AMING OR DENYING HEARING 
REQUEST 

(a) The board will decide whether to 
grant a request for a hearing. 

(b) The denial of request for a hearing 
will be issued immediately upon decision, and 
in no case later than 60 days after the sub- 
mission of the request. Such denial shall con- 



tain a statement of the reasons leading the 
board to deny the request. 

(c) Approval of a request for a hearing 
will be signified by the issuing of a notice as 
required by G.S. 150B-38(b) and explained in 
Rule .2004 of this Section. 

Statutory Authority G.S. 90-85.6; I50B-II; 
I50B-38. 

.2006 NOTICE OF HEARING 

(a) The board shall give the party or 
parties in a contested case a notice of hearing 
not less than 15 days before the hearing. Said 
notice shall contain the following information, 
in addition to the items specitied in G.S. 
150B-38(b): 

(1) the name, position, address and tele- 
phone number of a person at the offices 
of the board to contact for further in- 
formation or discussion; 

(2) the date, time, and place for a pre-hear- 
ing conference, if any; and 

(3) any other information deemed relevant 
to informing the parties as to the pro- 
cedure of the hearing. 

(b) The board shall give notice to all 
parties with a notice of hearing either per- 
sonally or by certified mail or, if those methods 
are unavailable, in accordance with G.S. lA-1, 
Rule 4 (j) (1). In the event that notice is ac- 
complished by certified mail, the delivery date 
on the return receipt shall be the date of notice. 

(c) If the board determines that the pub- 
lic health, safety or welfare requires such ac- 
tion, it may issue an order summarily 
suspending a license or permit. Upon service 
of the order, the licensee or permit holder to 
whom the order is directed shall immediately 
cease the practice of pharmacy in North Ca- 
rolina. The board shall promptly give notice 
of hearing pursuant to G.S. 150B-38 following 
service of the order. The suspension shall re- 
main in effect pending issuance by the board 
of a fmal agency decision pursuant to G.S. 
150B-42. 

Statutorv Authority G.S. 90-85.6; I50B-3 (c); 
/50B-/J; J50B-38. 

.2007 WHO SHAKE HEAR CONTESTED CASES 

All administrative hearings will be con- 
ducted by the board, a panel consisting of a 
majority of the members of the board, or an 
administrative law judge designated to hear the 
case pursuant to G.S. 150B-40(e). 



NORTH CAROLINA REGISTER 



788 



PROPOSED RULES 



Siaiiaoiy Authuriiy G.S. 90-S5.6; J50B-/J; 
/50B-3S: I50B-40. 



Statutory' Authority G.S. 90-85.6; I50B-I1; 
J50B-38. 



.2008 IMOKMAI. I'KOCKDLRKS 

(a) I;xccpt as prohibited by statute, the 
board and the party or parties may agree in 
advance to simplify the hearing by: decreasing 
the number of issues to be contested at the 
hearing; accepting the validity of certain pro- 
posed csidcnce; accepting the fmdings in some 
other case with rcle\'ance to the case at hand; 
or agreeing to such other matters as may ex- 
pedite the hearing. 

(b) Informal disposition may be made of 
any contested case or any issue therein by sti- 
pulation, agreement, or consent order at any 
time dunng the proceedings. 

Statuton- Authority G.S. 90-85. 6; I50B-II; 
I50B-3S. 

.2009 PETITION FOR INTERVKNTION 

(a) A person desiring to inten-'cne in a 
contested case must file a written petition with 
the board's otTice. The request should bear the 
notation: PfiTITION TO IMERVENE IN 
THE CASE OF (Name of case). 

(b) The petition must include the fol- 
lowing information: 

( 1 ) the name and address ot petitioner; 

(2) the busmess or occupation of petitioner, 
where rele%ant; 

(3) a full identification of the hearing in 
which petitioner is seeking to inter\'ene; 

(4) the statutory or non-statutory grounds 
for intcr\'ention; 

(5) any claim or defense in respect of which 
inten.'ention is souglit; and 

(6) a summary of the arguments of e\idence 
petitioner seeks to present. 

(c) The board will mail copies of the pe- 
tition to the parties to the case, with the costs 
at the rate of twenty-fi\'e cents ($0.25) per page 
chargable to the petitioner. 

(d) If the board detennines to allow in- 
ter\ention, notice of that decision will be is- 
sued promptly to all parties, and to the 
petitioner. In cases of discretionary inter- 
vention, such notification will include a state- 
ment of any limitations of time, subject matter, 
evidence or whatescr else is deemed necessary, 
which are imposed on the intervenoT. 

(e) If the board's decision is to deny in- 
tervention, the petitioner will be notified 
promptly. Such notice will be in wnting, 
identifying the reasons for the denial, and wQl 
be issued to the petitioner and all parties. 



.2010 TYPES OF INTERVENTION 

(a) Intenention of Right. A petition to 
intervene as of right, as provided in the North 
Carolina Rules of Civil Procedure, Rule 24, 
will be granted if the petitioner meets the cri- 
teria of that rule and their petition is timely. 

(b) Permissive Inter\'ention. A petition 
to intervene permissibly as provided m the 
North Carolina Rules of Civil Procedure, Rule 
24, will be granted if the petitioner meets the 
criteria of that rule and the board determines 
that: 

(1) There is sufficient legal or factual simi- 
larity between the petitioner's claimed 
rights, privileges, or duties and those of 
the parties to the hearing: and 

(2) Permitting intervention by the petitioner 
as a party would aid the purpose of the 
hearmg. 

(c) The board may allow discretionary 
intervention, with whatever limits and re- 
strictions are deemed appropriate. 

Statutory Authority G.S. 90-85.6; I50B-II; 
I50B-3S. 

.2012 DISQr.\I.IFIC.\TION OF BO.\RD 
MEMBERS 

(a) Seif-disquaUfication. If for any reason 
a board member determines that personal bias 
or other factors render them unable to conduct 
the hearing and perform all duties in an im- 
partial manner, that board member shall vol- 
untarily decline to participate in the hearing 
or decision. 

(b) Petition for disqualification. If for 
any reason any party in a contested case be- 
lieves that a board member is personally biased 
or otherwise unable to conduct the hearing and 
perform all duties in an impartial manner, the 
party may file a swom. notarized affidavit with 
the board. The title of such affidavit should 
bear the notation: AFEIDAVIT OE DIS- 
QUALIFICATION OF BOARD ME.MBER 
IN THE CASE OF (Name of case). 

(c) Contents of affidavit. The affidavit 
must state all facts the party deems to be rele- 
vant to the disquaUfication of the board mem- 
ber. 

(d) Timehness of affidavit. .An affidavit 
of disqualification will be considered timely if 
filed ten days before commencement of the 
heanng. Any other alTida\ it will be considered 
timely provided it is filed at the first opportu- 
nity after the party becomes aware of facts 



789 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



which give rise to a reasonable belief that a 
board member may be disqualified under this 
Rule. 

(e) Procedure for determining disquali- 
fication. 

( 1) The board will appoint a board member 
to investigate the allegations of the affi- 
davit. 

(2) The in\'estigator will report their find- 
ings and recommendations to the 
board. 

(3) The board shall decide whether to dis- 
qualify the challenged individual. 

(4) The person whose disqualification is to 
be detennined will not participate in the 
decision but may be called upon to 
furnish information to the other mem- 
bers of the board. 

(5) A record of proceedings and the reasons 
for decision reached wiU be maintained 
as part of the contested case record. 

(6) When a board member is disqualified 
prior to the cominencement of the 
hearing or after the hearing has begun, 
such hearing will continue with the re- 
maining members sitting provided that 
the remaining members still constitute 
a majority of the board. 

(7) If three or more members of the board 
are disqualified pursuant to this Rule, 
the board shaU petition the Office of 
Administrative Hearings to appoint an 
administrative law judge to hear the 
contested case pursuant to G.S. 
150B-40(e). 

(8) Where a petition for disqualification is 
filed less than ten days before or during 
the course of a hearing, the hearing shall 
continue with the challenged board 
member sitting. Petitioner shall have 
the opportunity to present evidence 
supporting his petition, and the petition 
and any e\idence relative thereto pre- 
sented at the hearing shall be made a 
part of the record. The board, before 
rendering its decision, shall decide 
whether the e\idence justifies disquali- 
fication. In the e\'ent of disqualifica- 
tion, the disqualified member will not 
participate in further deliberation or 
decision of the case. 

Statuioiy Auihority G.S. 90-85.6; I50B-II; 
I50B-38; /50B-40. 

.2012 I AIM RK TO .APPEAR 

Should a party fail to appear at a sched- 
uled hearuig, the board, or the designated ad- 



ministrative law judge, may proceed with the 
hearing and make its decision in the absence 
of the party, provided that the party has been 
given proper notice. The board or the ad- 
ministrative law judge may order a contin- 
uance in order to give the party another 
opportunity to appear. 

Statutory Authority G.S. 90-85.6; I50B-II; 
I50B-38; I50B-40. 

.2013 SUBPOENAS 

(a) Requests for subpoenas for the at- 
tendance and testimony of witnesses or for the 
production of documents, either at a hearing 
or for the purposes of discovery, shall he made 
in writing to the board and shall identify any 
document sought with specificity, and shall 
include the full name and home or business 
address of all persons to be subpoenaed and, 
if known, the date, time, and place for re- 
sponding to the subpoena. The board shall 
issue the requested subpoenas within three 
days of receipt of the request. 

(b) Subpoenas shaU contain: the caption 
of the case; the name and address of the person 
subpoenaed; the date, hour and location of the 
hearing in which the witness is commanded to 
appear; a particularized description of the 
books, papers, records or objects the witness 
is directed to bring with him to the hearing, if 
any; the identity of the party on whose appli- 
cation the subpoena was issued; the date of is- 
sue; the signature of one of the members of the 
board or the board's executive director; and a 
"return of ser\'ice." The "return of service" 
form as filled out, shows the name and capac- 
ity of the person serving the subpoena, the date 
on which the subpoena was delivered to the 
person directed to make service, the date on 
which ser\'ice was made, the person on whom 
service was made, the manner in which service 
was made, and the signature of the person 
making service. 

(c) Subpoenas shall be served by the 
sheriff of the county in which the person sub- 
poenaed resides, when the party requesting 
such subpoena prepays the sheriff's service fee. 
The subpoena shall be issued in duplicate, with 
a "return of service" form attached to each 
copy. A person serving the subpoena shall fill 
out the "return of service" form for each copy 
and properly return one copy of the subpoena, 
with the attached "return of ser\'ice" form 
completed, to the board. 

(d) Except as otherwise stated in a par- 
ticular subpoena, any person receiving a sub- 
poena from the board may object thereto by 



^ 



NORTH CAROLINA REGISTER 



790 



PROPOSED RULES 



filing a wnttcn objection to the subpoena with 
the board's otTice. Such objection must be 
filed within five days of receipt of the subpoena 
or two days prior to the date on which the 
subpoena is returnable or testimony to be 
taken, whichever is soonest. 

(e) Such objection shall include a concise, 
but complete, statement of reasons why the 
subpoena should be revoked or modified. 
These reasons may include lack of relevancy 
of the evidence sought, or any other reason 
sufficient in lav\- for holding the subpoena in- 
valid, such as that the e\idence is pri\'ileged, 
that appearance or production would be so 
disruptive as to be unreasonable in light of the 
significance of the evidence sought, or other 
undue hardship. 

(f| An\ such objection to a subpoena 
must be ser\-ed on the p;irty who requested the 
subpoena simultaneously with the fihng of the 
objection with the board. 

(g) The party who requested the sub- 
poena, in such time as may be granted by the 
board, may fiJc a written response to the ob- 
jection. Ihe written response shall be served 
by the requesting party on the objecting wit- 
ness simultaneously with tiling the response 
with the board. 

(h) .After receipt of the objection and re- 
sponse thereto, if any, the board shall issue a 
notice to the party who requested the sub- 
poena and the party challenging the subpoena, 
and may notify any other party or parties of 
an open hearing, to be scheduled as soon as 
practicable, at which time evidence and testi- 
mony may be presented, limited to the narrow 
questions raised by the objection and response. 

(i) Promptly after the close of such hear- 
ing, a majority of the board members with 
voting authority, or an administrative law 
judge assigned to the case pursuant to G.S. 
150B-4(J(e), will rule on the challenge and issue 
a written decision. A copy of the decision will 
be issued to all parties and made a part of the 
record. 

Statuioiy Auihorilv G.S. 90-85.6: I50B-II: 
/50B-3S; I50B-39. 

.2014 \MTN ESSES 

Any part) may be a witness and may 
present witnesses on the party's behalf at the 
hearing. .Ml oral testimony at the hearing shall 
be under oath or affirmation and shall be re- 
corded. At the request of a party or upon the 
board's own motion, the presiding officer may 
exclude witnesses troin the hearing room so 



that they cannot hear the testimony of other 
witnesses. 

Statutory Authority G.S. 90-85.6; 1508-11; 
1508-38; 1508-40. 

.2015 FINAL DECISION 

In all cases heard by the Board of Phar- 
macy, the board will issue its decision witliin 
60 days after its next regularly scheduled 
meeting following the close of the hearing. 
This decision will be the prerequisite 'Tmal 
agency decision" for the right to judicial re- 
view. 

Statutory Authority G.S. 90-85.6; 1508-11; 
1508-38; 1508-42. 

.2016 PROPOSALS FOR DECISIONS 

(a) When an administrative law judge 
conducts a hearing pursuant to G.S. 
150B-40(c), a "proposal for decision" shall be 
rendered within 45 days of the hearing pursu- 
ant to the rules of the Office of Administrative 
Hearings, 26 NCAC 3 .0026. Any party may 
fde written exceptions to this "proposal for 
decision" and submit their own proposed 
findings of fact and conclusions of law. The 
exceptions and altemati\e proposals must be 
recei\'ed within ten days after the party has re- 
ceived the "proposal for decision" as drafted 
by the administrative law judge. 

(b) Any exceptions to the procedure 
during the hearing, the handling of the hearing 
by the administrative law judge, rulings on ev- 
idence, or any other matter, must be written 
and refer specifically to pages of the record or 
otherwise precisely identify the occurance to 
wliich exception is taken. The exceptions 
must be filed with the board with ten da>s of 
the receipt of the proposal for decision. The 
written exceptions should bear the notation: 
EXCI-PTIONS TO THE PROCEEDINGS 
IN THE CASE OF (Name of case). 

(c) Any part>' may present oral argument 
to the board upon request. The request must 
be included with the written exceptions. 

(d) Upon receipt of request for further 
oral argument, notice will be issued promptly 
to aU parties designating time and place for 
such oral argument. 

(e) Giving due consideration to the pro- 
posal for decision and the exceptions and ar- 
guments of the parties, the board may adopt 
the proposal for decision or may modify it as 
the board deems necessary. The decision ren- 
dered will be a part of the record and a copy 
thereof given to all parties. The decision as 



'9/ 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



adopted or modified becomes the "final agency 
decision" for the right to judicial review. Said 
decision will be rendered by the board within 
60 days of the next regularly scheduled meeting 
following the oral arguments, if any. If there 
are no oral arguments presented, the decision 
win be rendered within 60 days of the next re- 
gularly scheduled board meeting following re- 
ceipt of the written exceptions. 

Suvuton' Authoriiv G.S. 90-85.6; I50B-H; 
I50B-3S: I50B-40. ' 



each category (physical therapist, physical 
therapist assistant, medical doctor) shall be el- 
igible to be placed on the ballot; provided, 
however, a nominee must receive more than 
one nomination to appear on the ballot. If no 
nominee receives more than one nomination, 
all nominees will be eligible to appear on the 
ballot. The ballots that are distributed to each 
licensee in North Carolina shall list each 
nominee's place and location of employment 
and practice setting. The results of the ballot- 
ing shall be forwarded to the President of the 
North Carolina Physical ITierapy Association, 
or his designate, for submission to the Gover- 
nor. 



iS otice is hereby gh'cn in accordance with G.S. 
I SOD- 1 2 thai the Sorth Carolina Board of 
Physical Therapy Examiners intends to amend 
regulations cited as 21 NCAC 4SA .0003(a); 
4SC .0302(d); 4SD .0003(a); 

.0005(b)(1), (c)(l){2).(d); .0006; .0009(a); 
.0010(a); 48E .0101(b); .0/04; .0/05; 
.0//0(b)(3),(4)(Al(B); 4SF .000/ (a)(2); 
.0002(a) (/3): .0003; 480 .0/04; .0203(b); 
48H .0/02; adopt: 2/ NCAC 48 H .0/04; re- 
peal: 2/ \CAC48U .0/03. 

1 he proposed effective dale of this action is 
May /. /988. 

J he public hearing will be conducted at / :00 
P.M. on Februmy /8, /988 at 900 Ridgefield 
Dri\'e. Suite 250, Raleigh, N. C. 27609. 

K^ omment Procedures: Interested persons 
may present their views either orally or in writ- 
ing at the hearing. In addition, the record of 
the hearing will be open for receipt of written 
comments from January 17, 1988, to 5:00 P.M. 
on February /7, 1988. Such written comments 
must be delivered or mailed to Constance 
Peake, N. C. Board of Physical Therapy Ex- 
aminers, 2426 Tiyon Road. Durham, NC 
27705. 



Statutory Authority G.S. 90-270.25; 90-270.26. 

SLBCHAPTER 48C - SCOPE OF PHYSICAL 
THKRAPV PRACTICE 

SECTION .0300 - RECENT GRADUATES 

.0302 ALTHORIZATION 

(d) Any PT graduate or PTA graduate 
who fails to take the next succeeding exam- 
ination may request an informal meeting with 
the board t for applicant's failure to take the 
examination. If due cause is established, the 
authorization can be extended for a period not 
to exceed sm nine months, from the d*te &f 
ioouanco. The board's determination as to 
whether there was due cause shall be fmal. 

Statutoty Authority G.S. 90-270.24; 90-270.26; 
90-270.31. 

SLBCHAPTER 48D - EXAMINATIONS 

.0003 NOTICE OF EXAMINATION 

(a) Notices. Adequate notice of dates 
aft4 placo of examinations shall be furnished 
to all educational programs in North Carolina 
fof posting and to all persons currently hcensed 
with the board. 

Statutory Authority G.S. 90-270.26; 93B-S(b). 



CHAPTER 48 - BOARD OF PII\SICAL 
THERAPY EXAMINERS 

SLBCHAPTER 48A - ORGANI/.A I ION 

.0003 MEMBERSHIP OF BOARD 

(a) Selection of Board Members. Nom- 
inations for members of the board shall be 
sought from licensees residing in North Caro- 
lina. No more than ten nominees receiving the 
highest number of nominations, plus ties, for 



.0005 EXAMINATION SCORES 

(b) Failure of Examination; 
(1) An examinee may be failed on either 
part score or total score. If the required 
minimum score of any part is failed, but 
the total score is passed, only the part 
which is failed must be repeated. Even 
though if all parts have been passed at 
one time or another, the L'xamination 
must W ropoatod until a passing total 
sooro is roooivud. a passing total score 



NORTH CAROLINA REGISTER 



792 



PROPOSED RULES 



on the entire exarninatKin must be re- 
cei\eJ at_ cme sittinti. 

(c) Transler of Scores. Scores will he 
released as follows: 

(1) To an individual who took the exam- 
ination in North C.'arobna a*- bit; requ e st 
cH*4 with no charge; 

(4+ Ar^ ttH- individual'a e ducational program, 
' i i i ithout chargL'. i')ro'i iduig At* mdiMdual 
i iiijLii '. rt i^enni 'i ^ . u'n fonn: 

f4f Ql To licensing boards in other states 
upon the request of the individual and 
the payment of the fee; licensure infor- 
mation niay be included with the score 
release: 

f-l-)- (Jii \o other persons or institutions upon 
the request of the indi\idual and the 
pa\ inent of the fee. 

(d) Scores Related to Passing level. 
Scores released to the indi\idual Bf te cduca 
tional program u ill include the North Carolina 
passing level for the examination. 

Staiuiorv Authoritv G.S. 90-270.26; 90-270.33; 
93B-Sicl.idl. 

.0006 NOIII IC.MION OF K\.\\II\,\TION 
HKSl LIS 

(a) Indi\iduals. .All applicants will be 
notified in writing of the results of the exam- 
inatitni. 

(b) North Carolina Educational Pro- 
grams. After each examination the North Ca- 
rolina educational programs that had graduates 
taking the examination will be ncUifiod <*> k+ 
t4+e nuinliLT (-4 thuir graduatei i Vrko pa '.'. ed (+h* 
oxamiiuition. t4+e number ssho lailc'd rm4 t4+e 
part! , ti+at- wefe failed, sent the scores for all 
their graduates with no identification number 
or identifying name Ncirth C.^irtilina passing 
le\el and the cumulalne data for the exainina- 
tion will be included. 



StaluKny Authorily G.S. 90-270.26. 

.0009 RKI AKINC; KXAMINAIION 

(a) AiTangements for Retake. To retake 
the examination, the applicant must notify the 
exccuti\e secretary at least five week '. . 45 days 
unle ii ! ' instructed otherwise by tl+e board, in 
adxance ot the examination date and pa\' the 
retake fee and the examination cost at that 
time. 

Statutory Authoritv G.S. 90-2'^0.26; 90-270.29; 
90-270.30: 90-270.33. 

.0010 ADMIMSIKAIION OF 



EXAMINATION 

(a) Proctoring. I'hc written examination 
shall be proctored by at least one member of 
the board, by the executive secretary or by the 
personnel of a professional testing service. 
Other proctors shall be retained as required. 



Statutory Authority G.S. 
90-270.30; 90-270.36. 



90-270.26; 90-270.29; 



SLBCIIAPTER 48E - APIM.ICATION FOR Ll- 
CENSLRE 

SECTION .0100 - LNITEI) STATES TRAINED 
PHYSICAL THERAPISTS 

.0101 FILING APPLICAIION 

(b) To be certain an applicant will be 
considered for the examination date he desires, 
he must submit lus application to the executive 
secretary at least five weoka 45 days prior to the 
examination. 

Stalutorv Authority G.S. 90-270.26: 90-270.29; 
90-2W.3/(b). 

.0104 E.XA.MINATION SCORES 

Persons seeking licensure by endorsement 
must ha\e their examination scores sent to the 
cxecutne secretar)' by either the state of en- 
dorsement, the state in which the examination 
was taken or by report from the Interstate 
Reporting Service. The scores may be on the 
board's fonn or the official letter-head of the 
other licensing board, '44+e licenr . ing board may 
»st* t+H» North Carolina fonn Bf ite official let- 
ter head, but in either case mu - . i t b e ar the offi- 
cial signature and seal of that board must 
appear thereon. 



Statutory Authority 
90-270.3l{b). 



G.S. 



90-270.26; 



.0105 \FRIFICATION OF LICENSCRE 

Venfication of an active license in another 
state mu '. t b«* ^^efrt- t»- t+K» oxecutiso '. ecretar/ 
hf t+H? board m At* other tit ate e ith e r b« U+e 
North Carolina licensure ' ■ enfication fonn ef 
as » letter tw- tkte board ! ' . official letter head 
containing Ae infonnation reque '. ted »-«+ A« 
i i entRalion fonn. fe- eith e r cai . e. it- must bear 
the official signature and seal of the board of 
that state. 

Statuton' Authority G.S. 90-270.26; 
90-270.31 (b). 

.0110 I OREIGN-TRAINED PHYSICAL 
IIIFRAPISTS 



79i 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(b) Supporting Documents. In addition 
to the other requirements of this Section and 
G.S. 90-270.30, each foreign-trained appbcant 
must submit the following: 

(1) If the applicant has been graduated from 

a physical therapy educational program 
accredited by an agency recognized by 
the U.S. Office of Education or the 
Council on Postsecondary Accredi- 
tation, a certification of physical ther- 
apy education is to be submitted 
directly to the board. 

(2) If the applicant does not meet the re- 
quirements of 21 NCAC 48E 
.0110(b)(n, then the board will exam- 
ine the applicant s educational program 
to determine it the general college and 
professional mstruction is substantially 
equi\'alcnt to that of a United States 
trained physical therapist. It is the re- 
sponsibility of the applicant to make 
arrangements with a credentialing ser- 
\ice acceptable to the board to ha\e the 
credentials evaluated. The board will 
make its own re\iew of applicant's ed- 
ucational program and is not bound by 
the findings of the credentialing service. 

(3) Aft official cortificution from t+H* uppli 

cant! , r . chool »f accoptablt ' p>. ' rfomianct ' 
m courr . L", ! gi'ion i» t4+t» I-nglir . h ktfi- 
guago. Bf t4+e i i ubniii ' iaon e4 licoroG 
Scores acceptable to the board on the 
rOI'Mj (Tc". . ! ef lingli ' jh as a Foreign 
Language'). TSF (Test of Spoken Fng- 
lish|. or appropriate substitute exam 
matioiu . e\idence authorized by the 
board. Foreign truint ' d physical thcra 
pi^ito vrhoL i O nativij languago is Fnglioh 
aw c ' XL ' tnpt from the ruquirumL'iitLi ef 
this Paragraph. 

(4) Proof acceptable to the board that the 
applicant has satisfactorily completed: 

(A) Sixty 58 2 62 semester hours of general 
college education, which shall include a 
minimum of: 

(i) eight semester hours of biological 

sciences; and 
(iij '. ixtL ' on 12 semester hours of natural 

sciences including at least one course 

each in ph\ sics and chemistry. 
ftii^ tltirty '. Di L i omu ' . f lL'r hour ; > e+ collogo 

It ' SL'l cour ' iL '^i . 

(B) Sixty 57 - 6j_ semester hours of pro- 
fessional curriculum, including basic 
health sciences, clinical sciences and 
clinical education. The board may, but 
is not required to, transfer hours of 
credit from professional curriculum to 



general coUcge education at its dis- 
cretion. 

Slaiuiorv Authority G.S. 90-270.26; 90-270.29; 
90-270.30; 90-270.31. 

CH.APTER 48F - CERTIFICATES: FEES: 
IN\ ESTIGATIONS: RECORD OF LICENSEES 

.0001 LICENSURE CERTIFICATE 

(a) Names: 

(1) A licensee's name will appear on the 
certificate as the name of the individual 
at the time of licensure, except in the 
case of a person taking the examination 
who is married during the time between 
the examination and the actual date of 
licensure. This person may elect to use 
her maiden name or her married name, 
if the marriage takes place prior to the 
date of licensure. 

(2) If a name is changed after the date of 
licensure, the cortificato wiil continue te 
boar the nam e »f ike individual at- the 
tiffie »f ifisuancQ. licensee may request 
a new certificate to reflect the name 
change and pavs the cost for a duplicate 
certificate. 

Staiuion' Authority G.S. 90-270.26; 90-270.3 J; 
90-2W.33. 

.0002 FEES 

(a) The following fees are charged by the 
board: 

(13) processing fee for returned checks ten 
dollars ($10.00). 

Statutory Authority G.S. 25-3-5 J 2; 90-270.26; 
90-270.27; 90-270.29 through 90-270.33. 

.0003 INVESTIGATIONS 

.Any complaint relevant to alleged vio- 
lations of the North Carolina Physical Therapy 
Practice Act must be made in writing, signed 
by the person submitting the complaint, and 
include his address. Complaints are to be sent 
to the executive secretary, fof rcforral te the 
board. 

Statutoty Authority G.S. 90-270.26; 90-270.35; 
90-270.36. 

SLHCIIAPTER 48G - REIENIION OF 
LICENSE 

SECTION .0100 - LICENSURE RENEWAL 

.0104 LICENSURE CARD 



NORTH CAROLINA REGISTER 



794 



PROPOSED RULES 



Wullot 4r^ A licensure curJ ' i card and re- 
newal certificate bearing the current name of 
the licensee, license number and a January 31 
expiration date will be issued to aii p e rsons 
each person having an active license. 

Statutory Authority G.S. 90-270.26; 90-270.32. 

SKCTION .0200 - LAI'SKD 1 ICF.NSES 

.020.^ KKMVAL OF LAPSED LICENSE 

(a) If a hccnse has lapsed less than five 
years, it may be re\ived by paying the revival 
of lapsed license fee and the current year's re- 
newal fee and by completing the re\ival form. 

fb^ U rt lict ' nso ka* lapsL'd fof 6v« years 
»f more. Utft (4+t» applictmt fof rc i i' i 'al ef lap ii L'd 
licon^ ' L * krt^ boon liconsod eH+d- practicing undor 
a currently ' ■ alid license in- another state fef ih^ 
period during which t4w license ha* lapsed m 
North Carolina, ft- may b»» re' i 'i>ed \*y paying 
t4+e revii i ul v4 lapsed lic e nse lee and t4+e current 
renei i vai tee and hf completing tke re' i isal 
form. 

fe^ (b] If a license has lapsed for five years 
or more dunng which time an applicant for 
revival of hcense has not been actively engaged 
in practice as a ph\sical therapist or physical 
therapist assistant, it may be revived by paying 
the application fee: and 

( 1 ) passing the PES exam; or 

(2) satisfactorily completing at least 500 
hours of clinical work as authorized by 
the board within a period of time not 
to exceed six months under the super- 
\ision of a licensed physical therapist 
who must be present during and ac- 
count for the 500 hours on a fomi pro- 
\ided by the board. 

StatutoiT .iuthohtv G.S. 90-270.26; 90-270.32; 
90-270.33. 



SLHCIIAI'LLR 4811 - RLLKNL\KIN(; AM) 
ADMIMSIRALINE HEARING PROCEDURE 

SLCriON .0100 - A\.MLAmLH ^ OF RLLES 

.0102 INSPECI ION OF RULES 

Official rules will be available for public 
inspection in the j\ttorney (ieneral's Oflice 
OHice of .Administrative 1 Icarings or by mak- 
ing an appointment with the executi\e secre- 
tar>-. 

Statutory .Authority G.S. 90-270.26; I50B-62. 

.010.1 ADOPFION OF MODEL RULE 



(REPEALED) 

Statutory Authority G.S. 90-270.26. 

.0104 CONTFLSTED C.\SES 

The rules establishing procedures for con- 
tested cases adopted by the Office of Adminis- 
trative Hearings as contained in Title 26, 
Chapter 3 of the North CaroHna Administra- 
tive Code are hereby adopted by reference, as 
provided for in G.S. 150B- 14(c), for contested 
cases for which this agency has authority to 
adopt rules under G.S. 150B-38(h). Provided, 
however, that if the case is conducted under 
G.S. 150B-40(b), the presiding officer shall 
have the powers and duties gi\'cn to the Chief 
Administrative Law Judge or the presiding 
Administrative Law Judge in Title 26, Chapter 
3 of the North Carolina Administrative Code 
and that 26 NCAC 3 .0001(2); .0002(a)(1); 
.0003(b); .0025 and .0026 shaU not apply. 



Statutory A uthority 
1 508- 14(a) (4). 



G.S. l50B-3S(h); 



^'k-k-k'k-k-k-k-k-k-k-k-k-k-k-k^-k 



I\ orice is hereby gi\'erj in accordance with G.S. 
I50B-I2 that the State Board of Examiners of 
Practicing Psychologists intends to adopt and 
amend regulations cited as 21 NCAC 54 .1605; 
.I60S; .1701(4); .1702; .1703(c); .1801; .1803; 
.2301; .2304; .240 J -.2402; .2501 - .2505; and 
.2601 - .2602. 

1 he proposed effective date of this action is 
May I. 1988. 

1 he public hearing will be conducted at 2:00 
p.m. on March 3, 1988 at Magnolia Cottage, 
Mission Valley Inn, Raleigh, N. C. 



Co 



omment Procedures; Requests to present 
written or oral comments at the public hearing 
or other comments not presented at the hearing 
should be submitted in writing by February 29, 
1988, to the board at the following address: 
S'.C. State Board of Examiners of Practicing 
Psychologists, Uni\-ersitv Hall. Appalachian 
State University, Boone, NC 28608. 

CIIAPTFR 54 - PRACTICING 

ps^cllOLOGIs^s 
section .1600 - general promsions 
.1605 fef:s 



795 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



In addition to fees specified in Article 
18A, Chapter 90 of the North CaroHna Gen- 
eral Statutes, the following charges will be as- 
sessed for the indicated services: 

(1) five dollaro (JS.OO) ei.ght doOars ($8.00) - 
copy of annual directory' of licensed psy- 
chologists; 

(2) five d'oUars ($5.00) - copy of 21 NCAC 
54; 

(3) thirty dollars ($30.00) - renewal of h- 
cense; 

(4) ten dollars ($10.00) - late renewal of H- 
cense; 

(5) fifteen dollars ($15.00) - dupbcate Hcense; 

(6) one hundred dollars ($100.00) - national 
examination taken prior to October 6^ 
1989; one hundred tlfty dollars ($150.00) 
- national examination taken on or after 
October 6. 1989; aa4 

(7) ten dollars ($10.00) - state examination; 
and 

(8) twenty fi\e cents ($0.25) per page - copy 
of minutes of board meetings or transcnpt 
of hearing. 

Statuton' Authority G.S. 12-3.1 (c): 90-270.9; 
90-270.11 I a) (/); 90-270.11 (b) (I); 
90-270. N( / i: 90-270.20. 

.1608 ETIIK Al. VIOI .VriONS 

The board will use standards and guide- 
lines established by the American Psycholog- 
ical Association in determining whether 
violations of the codo fvf othicc . I'thical Princi- 
ples of PsNcholodsts ha\c occurred. Ihese 
will include but are not limited to the then- 
current editions of Standards for I'ducational 
and Psychological Testing and Standards fof 
Pro^ddorG ©f Psychological Sor i icor . General 
Guidelines for Pro\iders of Psvchologcal Ser- 
vices. In addition, publications, guidelines, 
policies, and statements provided by the 
Amencan Association of State PsNchologv 
Boards, the National Association of School 



(4) three profosoional acceptable reference 
letters from professionals who are familiar 
with the applicant's current work, one of 
v\hich is from a doctoral level psychol- 
ogist; 



PsNcholoasts. and other rele\ant professional 
associations and bodies will be used in inter- 
preting the I'tlucal Principles of I'sycholodsts. 

Slaiutorv .■luthoritv G.S. 90-270.9: 90-270. 15 
(a) (S). 

SFX'IION .1700 - .\PIM.ir\riON FOR 
LICENSl RE 

.1701 CREDENTIALS REQUIRED 

The credentials required for each appli- 
cant consist of: 



Statutory Authority G.S. 
90-270.1 1(a), (b); 93B-9. 



90-270.9; 



.1702 FOREIGN DEGREE APPLICATION 
POLICY 

(a) When aft applicant applieo fof Ucen 
6«fe ©ft tbe baoio ef a foreign d e groo, onlv effi- 
6«i transcriptfi aft4 documents should b© 
submitted tft support si the application, -k* 
thos e Fafe instanc e s svh e ro originals camiot be 
ouppliod, a mooting with »fte ef y» board 
mombors €»f its d e signoe must be arrangod s© 
that the original tranGoript(s) eaft be ro' i iowod 
aft4 copied. 

fb4 Supporting vahdation ©f the foroign 
{isychology dogroo must be from ©fte ©f mor e 
North Carolina uni' i orsity psychology 
profe5sor(s) ©f other qualified psychologist(s) 
d e sigruit e d by the board. Rolos'ant matorials 
from the American Association ©4~ State ihy- 
chology Board s Committee ©ft Foreign Cdu 
cation H*ay afe© be utilized i» making the final 
d e t e rmination. 

fe| (jii i en the variability m educaticm 
credentials tlirougliout the vrorld, additional 
documentation rel e vant t© the country ift- 
vob-ed f«ay be r e quir e d. 

(a) Applicants applying for licensure on 
the basis of a to reign de.grce must provide do- 
cumentation which: 

( 1) establishes the authenticity of the degree 
granting insitituion, the degree and 
transcripts, and any supporting doc- 
umentation; 

(2) establishes the equivalence of the degree 
m terms of level of training, content of 
curriculum, and course credits; and 

(3) estabhshes the equivalence of any su- 
pervised experience obtained in the for- 
eign country'. 

(b) Only official transcripts and docu- 
ments should be submitted in support of the 
application and should be received directly 
from the institution(s) or indi\'idual(s) in- 
\'oK'ed. In those rare instances \\ here official 
dcK'uments cannot be prcnided b\ the institu- 
tion, the original possessed by the applicant 
may be acceptable after ha\ing been reviewed 
and copied by a board member or designee. 

(c) Official transcnpts or supporting do- 
cumentation which are in a language other 
than l-nglish must be accompanied bv an ac- 



NORTH CAROLINA REGISTER 



796 



PROPOSED RULES 



ccptablc translalion with notan/ed venfication 
ot Its accuracy and completeness. 1 his trans- 
lation must be ct)!npleted by an individual 
other than the applicant who is acceptable to 
the board and demonstrates no conflict of in- 
terest. Such individuals may include college 
or unnersity laneuaue faculty, a translation 
ser\ice, or an American consul. 



(d) Documentation rele\ant to I'aragraph 
(a) of this Rule may include, but is nt)t limited 
to, \alidation of degree eciunalence b\ coUeiJe 
or unnersitv faculty in the I nited States, re- 
ports from a credentials' evaluation service ac- 
ceptable to the bo:ird. matenals available from 
the I'oreign (jraduate Committee of the 
/\mcncan -Association of State Psvcholocv 



Boards, and or an interyiew with the board. 



(e) .An applicant s references must include 
individuals from member junsdictions of the 
Aniencan .\ssociation of State Fs\cholo'.;v 
Boards, including a doctoral level psvchologst 
familiar with the applicant s professional prac- 
tice of psychology. 



Statutory A uthority 
90-270./! id). 



G.S. 



90-270.9; 



.1703 TKMPORAKY LICENSES 

(c) A psychologist who comes to reside 
in North Carohna or an applicant for licensure 
who is otherwise qualified for ficcnsing may 
be issued a temporary license until the board 
conducts its next regularly scheduled licensing 
examination and the applicant can be notified 
of the results, provided the following » are re- 
ceived and approved by the board: 

(1) credentials listed m 21 NCAC 54 .1701 
Credentials Required and/or 21 NCAC 
54 .1702 Foreign Degree Application 
Policy; and 

(2) k» dollar -, (SIU.OQ). hftecn dollars 
(S15.00). 

This license cannot be issued, reissued, or ex- 
tended if the applicant chooses not to take the 
first scheduled examination after being admit- 
ted, if the applicant fails the examination, ef if 
the applicant has preyiously failed an exam- 
ination, or if the applicant has previously failed 
to appear lor an examination to which he/she 
was admitted. 

Statutory Authority G.S. 90-270.5; 90-270.9. 
SK( I ION .ISOO - F.DLf AIION 

.i«oi PRA( iKiN(; ps^nioi.oGisr 

KKQI IKEMKMS .\S OF 
.IINE M), I'iHl 



(a) This rule applies only to those Prac- 
ticing Psychologist applicants who apply for a 
License on or before: 
"July 1, 1989, or 
July J_^ 1993, provided they were en- 



til 



rolled in doctoral training programs on 
or before December 31, 1987, and re- 
ceived their doctoral degree after .July 
i, 19S7, but on or before .luly J_. 1^93. 
fa4 tb) A doctoral degree in psychology 
from an accredited educational institution will 
be considered to be a planned and directed 
program of studies which is psychological in 
nature. If the applicant does not possess such 
a degree, evidence must be provided that the 
degree is from an accredited educational insti- 
tution and is based on a program of planned 
and directed studies which is psychological in 
nature. Such a program must: 

( 1 ) be taken within a recognizable, coherent, 

organif'.ational entity within the univer- 
sity which contains an identifiable psy- 
chology faculty and a psychologist 
responsible for the program; 

(2) include practicum, internship, field, or 
laboratory training appropriate to one's 
area of specialty and to the practice of 
psychology; 

(3) include a minimum of 60 semester hours 
of graduate study in standard psychol- 
ogy courses: 

(A) a maximum of six semester hours 
will be allowed for dissertation/thesis, 
and 

(B) a maximum of six semester hours 
will be allowed for 
internship practicum; 

(4) include instruction in: 

(A) scientific and professional ethics and 
standards, 

(B) research design and methodology, 
and 

(C) statistics and psychometrics; 

(5) ordinarily include a minimum of three 
semester hours in each of the following 
substantive content areas: 

(A) biological bases of behavior, 

(B) cognitive-affective bases of behavior, 

(C) social bases of behavior, and 

(D) individual differences. 

{h} (c) If the apphcant wishes to claim 
that course work done in departments other 
than psychology should be counted in meeting 
the minimum hour requirement, evidence 
must be provided, in a fonn specified by the 
board, that such courses are psychological in 
nature. This evidence shall consist of: 
( 1 ) a description of the courses; 



797 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) textbooks used; 

(3) name of professors; 

(4) statement of professors' membership in 
national, regional, and state psycholog- 
ical associations; and 

(5) professors' Licensure or certillcation sta- 
tus. 



Statutory Authority 
90-270.1 1 ( a) ( I )c. 



G.S. 



90-270.9; 



.1803 F'RACT ICING PSVCIIOI.OGIST 
RKQLIREMKNTS AS OF 
JULY I, 1989 

(a) This rule applies to all Practicing 
Psychologist applicants making application af- 
ter July 1, 1989, except those applicants who 
meet all the following requirements: 

(1) were enrolled in doctoral training pro- 
grams on or before December 31, 1987; 
and 

(2) received their doctoral degree after July 
1, 1987, but on or before^ July 1, 1993; 
and 

(3) make application on or before July 1, 
1993. 

Practicing Psychologist applicants meeting all 
the requirements specified in Subparagraphs 
(a)(1), (a)(2), and (a)(3) of this Rule shall be 
considered under Rule .1801 Practicing Psy- 
chologist Requirements as of June 30, 1987. 

(h) A doctoral degree based on a planned 
and directed program of studies in psychology 
from an institution accredited by one of the 
regional accrediting bodies recognized by the 
Council on Postsecondary Accreditation is re- 
quired. The doctoral program must be one 
which was fully accredited by the American 
Psychological Association throughout the pe- 
riod of the applicant's enrollment in the pro- 
gram, or one which meets all of the following 
requirements, as determined by the board and 
documented in a format specified by the board. 

( 1 ) The program, wherever it may be ad- 
ministratively housed, must be publicly 
identified and clearly labeled as a psy- 
chology program; such a program must 
specify in pertinent institutional cata- 
logues and brochures its intent to edu- 
cate and train psychologists. 

(2) The program must stand as a recogni- 
zable, coherent organizational entity 
within the institution. 

(3) The program must maintain clear au- 
thority and primary responsibihty for 
the core and specialty areas whether or 
not the program crosses administrative 
lines. 



(4) The program must have an identifiable 
body of students who are matriculated 
in that program for a degree. 

(5) There must be an identifiable full-time 
psychology faculty employed by and 
providing instruction and or program 
coordination at the home campus of the 
institution. 

(6) There must be a psychologist respon- 
sible for the apphcant's program cither 
as the administrative head of the pro- 
gram, or as responsible for the individ- 
ual apphcant's program in the role of 
advisor, major professor, or committee 
chair. 

(7) The program in psychology must be 
an integrated, organized sequence of 
study as demonstrated by an identifiable 
curriculum track or tracks wherein 
course sequences are outUned. 

(8) The program must encompass the 
equivalent of three years of full-time 
academic study, two years of which are 
at the institution from which the degree 
is granted, and one year of which is in 
residence at the institution from which 
the degree is granted, or its equivalent. 
Residence requires interaction with 
psychology faculty and other matricu- 
lated psychology students; one year's 
residence or its equivalent are defmed 
as follows: 

(A) 30 semester hours taken on a fuU- 
time or part-time basis at the institu- 
tion, or 

(B) a minimum of 300 hours of student- 
faculty contact involving face - to - face 
individual or group educational meet- 
ings. Such educational meetings must 
include both faculty - student and stu- 
dent - student interaction, be conducted 
by the psychology facuhy of the insti- 
tution at least 90 percent of the time, 
be fully documented by the apphcant 
and the institution, and relate substan- 
tially to the program components spec- 
ified in Subparagraphs (b)(9), (b)(10), 
and (b)(ll) of this Rule. The institu- 
tion must clearly document how the 
applicant's performance is assessed and 
e\aluated. 

(9) The program must include practicum, 
internship, field, or laboratory' training 
appropriate to the area of specialty and 
the practice of psychology; this experi- 
ence must be super\ised by a psychol- 
ogist. 



NORTH CAROLINA REGISTER 



798 



PROPOSED RULES 



(10) 'I'hc program of study must include a 
minimum of 60 semester hours of 
graduate study in standard psychology 
courses except as aUowed m this Sub- 
paragraph. These hours will include 
instruction in scientific and professional 
ethics and standards, research design 
and methodology, statistics and psy- 
chometrics, and the specialty area. A 
maximum of six semester hours will be 
allowed for internship, practicum and a 
maximum of six semester hours will be 
allowed for thesis/ dissertation. If the 
applic;mt wishes to utilize selected 
course work from other than psychol- 
ogy departments or programs toward 
meeting the minimum course hour re- 
quirements and or curricular require- 
ments specified in this Subparagraph 
and in Subparagraph (b)(ll), evidence 
must be pro\'ided, in a form specified 
by the board, that such courses are rel- 
evant to the applicant's organized se- 
quence of study or that they are 
psychological in nature. This evidence 
shall consist of 

(.\) a description of the courses; 
(Bi the textbooks used; 
(Cj name, degree, and specialty of the 
professor; 

(D) statement of professors' membership 
in national, regional, and state psycho- 
logical associations; 

(E) licensure or certification status of the 
professors; and 

(F) relevance to specialty area and or- 
ganized sequence of study. 

(11) Ordinarily, the program must include 
demonstrated competency m the four 
substantive content areas identified in 
this Subparagraph; typically, this will 
be met through a minimum of tliree 
semester hours in each of these content 
areas: 

(A) biological bases of beha\ior (e.g., 
physiological psychology, comparative 
psychology, neuropsychology, sensa- 
tion and perception, psychopharmacol- 

(B) cognitive-affecti\'e bases of beliavior 
(e.g., cognition, memory, learning, 
thinking, motivation, emotion); 

(C) social bases of behavior (e.g., social 
psychology, group processes, organisa- 
tional and systems theory, cultural and 
ethnic bases, sex roles); 



(D) individual diilcrcnces (e.g., personal- 
ity theory, human development, abnor- 
mal psychology, individual differences). 

Slaiutory Authority G.S. 90-270. 2 (a); 
90-270.9; 90-270.1 1 (a)( I )c. 



SECTION .2.300 
HEARING 



ADMINISTRATE E 
PROCEDURES 



.2301 RIGHT TO A HEARING 

WTien the board proposes to suspend or 
revoke a License, or at an>' other time when it 
deems a hearing appropriate or legally re- 
quired, it shall give notice to the person(s) af- 
fected of the nght to an administrative hearing. 
^fti? notice wtU b^ miult'd by c e rtified Htttii te 
raich p e rijon at- his kt** kno' i vn addroL i O. Pej^ 
fional C ' L'P i ico e* other authoruod mothodo »f 
■ iOP i ice may be uged if iionice cannot b«» ae- 
oomplic i hod bv certified mail upon reuLunablc 
L'lTort. Such person may assert liis right to a 
hearing b\ maiHng or delivering to the board 
by ceiliiied mail a wntten request for a hearing, 
as provided tft Rule .230 J(c) ef tfeis Section, 
e.xcept t^^t attempti: ' at- informal r e- jolution afe 
ft»4- required. aH4 a heannu VriJi be granted 
pro' . id e d tbat- t4*e container e4 ti*e request bearo 
a postmark dated prior t*v t+h* tkrie t+» ' ■ ' ■ hich 
Ae board proposed \^ aet- e* t . uch other 4irii* 
as may be specified i» Ae notioo. The wntten 
request must be received by the board or 
placed in the mail, as evidenced bv the post- 
mark on the envelope or contamer in wliich it 
is mailed, prior to the date on wliich the board 
proposes to act or such other date as ma\ be 
specified in the notice 

Statutory Authority G.S. 90-270.9: l50B-3(b); 
150B-li{l); I50B-3S. 

.2304 NOTICE OF HEARING 

In addition to the items specified in G.S. 
150B-38(b) to be included in the notice, no- 
tices of administrative hearings of the Board 
of Examiners of Practicing Psychologists; 

(5) shall inform the party or parties, other 
than the board, of the nght to file a writ- 
ten response to the allegations in the no- 
tice of hearing no later than ten da\s pnor 
to any scheduled hearing date or within 
such other time as ma\ be set out m the 
notice; 

(6) when the person receiving the notice of 
hearing is a licensee, shall provide him or 
her with an opportunity to show compli- 
ance with all lawful requirements for re- 
tention of his or her license without 



'99 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



disciplinary' action, if such an opportunity 
has not been pro\ided prior to issuance 
of the notice; 
f^ (Ti may include any other information 
deemed relevant to informing the party 
or parties as to the procedure of the hear- 
ing. 



Stalutorv Authority 
I50B-Ii{l): I50B-3S. 



G.S. 



90-270.9; 



SECTION .2400 - Rl l,F.M.\KING 
PKOCEDl RKS 



.2401 



PETITION FOR RULE 
MAKING HEARINGS 

Any person wishing to submit a petition 
requesting the adoption, amendment or repeal 
of a rule by the board shall address a petition 
to the North Carolina State Board of n.xiim- 
iners of Practicing Psychologists at the address 
shown in Rule .1602 of this Chapter. The 
petition should include the following informa- 
tion; 

an indication of the subject area to which 
the petition is directed (for example: 
"This is a petition to conduct rulemakina 
to amend Section 21 NCAC 54 .2200 
pertaining to Professional Corporation."); 
either a draft of the proposed rule or a 
summar)' of its contents; 
reasons for the proposal; 
the effect on existing rules or orders; 
any data supporting the proposal; 
effect of the proposed rule on existing 
practices in the area involved, including 
cost factors if available; 
names of those most likely to be aiTected 
by the proposed rule, with addresses if 
reasonably known; and 
name(s) and address(es) of petitioner(s). 



(1) 



(2) 

(3) 
(4) 
(5) 
(6) 



(7) 



(8) 



Statutory A uthority 
I50B-II(I); I SOB- 1 6. 



G.S. 



90-270.9: 



.2402 DISPOSITION OF PE rHION 

(a) The board shall determine whether to 
grant the petitioner's request. Prior to making 
this detennination, the board's chairperson or 
his'hcr designee may request additional infor- 
mation from the petitioncrfs), may contact in- 
terested persons likely to be affected by the 
proposed rule and request comments, oi may 
use any other appropriate method for obtain- 
ing relevant information. The chairperson or 
designee shall consider all of the contents of 
the petition submitted plus any other infor- 
mation obtained by the means described her- 
ein. 



(b) The chairperson or designee shall re- 
commend to the board either the institution 
of rulemaking proceedings or the denial of the 
petition, as the total information obtained 
suggests to be proper and in the public interest. 

Statutory Authority G.S. 90-270.9; ISOB-16. 

SECTION .2500 - RULEMAKING HEARINGS 

.2501 REQUEST TO PARTICIPATE 
IN HEARING 

(a) Any person desiring to present oral 
data, \'iews, or arguments on a proposed rule 
should file a request to participate in a manner 
such that the request will be received in the 
board's office at least five days prior to the 
rulemaking hearing. 

(b) The request to participate should 
contain a clear reference to the proposed rule, 
a brief summary of the person's views with the 
respect thereto, and how long the person de- 
sires to speak. 



Statutory A uthority 
I50B-Il(l): I SOB- 1 2. 



G.S. 



90-270.9; 



.2502 BOARD RESPONSE TO THE 
REQUEST TO PARTICIP.\TE 

L'pon receipt of a request to participate in 
a rulemaking hearing, the chairperson or 
his/her designee shall acknowledge receipt of 
the request and inform the person of any limi- 
tations on oral presentations deemed necessary 
for a full and effective public proceeding on the 
proposed rule. In general, each presentation 
will be limited to 1 5 minutes. 



Statutory 
/SOB-/ /(I J. 



Authority G.S. 



90-270.9; 



.2503 PRESENTATION OF ORAL COMMENT 

(a) The presiding officer shall create an 
agenda of members of the public who have 
requested participation in the rulemaking 
hearing. 

(b) If time allows, the presiding officer 
shall permit hmited comment by attending 
members of the public who have not submit- 
ted requests to participate. 

(c) Any person making an oral presenta- 
tion is encouraged to submit a written copy of 
the presentation to the chairperson, the pre- 
siding officer, or a board designee prior to or 
during the rulemaking hearing. 



Siatutoty 
/50B-//(/). 



Authority G.S. 



90-270.9; 



^ 



NORTH CAROLINA REGISTER 



800 



PROPOSED RULES 



.2504 WRII TF.\ SUBMISSIONS 

yVny person may file a wnttcn submission 
containing data, comments or arguments, for 
or against a rule, after publication of a notice 
of rulemaking by the board. Written com- 
ments must be received in the board's office 
at least five days prior to the rulemaking hear- 
ing or delivered to the board at the rulemaking 
hearing or an\' meeting immediately preceding 
the rulemaking hearing, unless a different pe- 
riod has been prescribed in the notice or 
granted upon request. Upon receipt of written 
comments, the board shall acknowledge the 
receipt in writing with an assurance that the 
comments therein will be considered fuUy by 
the board. 



(4j a statement whether an oral heanng is 
desired and, if so, the reason therefor. 



Statutorv Aulhorhy 
I50B-I li 1 1; 150B-I2. 



G.S. 



90-270.9; 



.2505 POWKRS AM) DUTIES OF 
THE PRESIDING OFFICER 

Unless otherwise designated by the board, 
the chairperson of the board shaU act as pre- 
siding otficer. The presiding officer at the 
hearing shall have complete control of the 
proceedings, including: extensions of any time 
requirements, recognition of speakers, time al- 
lotments for presentations, direction of the 
discussion, and management of the hearing. 
The presiding officer, at all times, will take care 
that each person participating ui the hearing is 
given a fair opportunity to present views, data, 
and comments. 



Statutoiy Aulhorily G.S. 
/50B-J/(il; 1 508- 1 2'. 



90-2''0.9: 



SEC! ION .2600 - DECI.ARAIOR^ RUI INGS 

.2601 RFQUESIFOR 

DECLAR.VTORV RULING 

(a) /VU requests for declaratory rulings 
shall be written and mailed to the North Ca- 
rolina State Board of Examiners of Practicing 
Psychologists at the address shown in Rule 
.1602 of this Chapter. 

(b) Each Request for Declarator)" Ruling 
must include the following infonnation: 

( 1 ) name and address of the persons re- 
questing the ruUng; 

(2) the statute or rule to which the request 
relates; 

(3) a concise statement ot the maimer in 
which the requesting person is agerie\'cd 
by the nile or statute or its potential 
application to him her: and 



Statutory 
I50B-II(I). 



A uthority 
1 508- 17. 



G.S. 



90-270.9; 



.2602 DISPOSITION OF REQUEST 

(a) Upon receipt of a Request for De- 
clarator)' Ruling, the board shall determine 
whether a ruling is appropriate under the facts 
stated. 

(b) WTien the board determines for good 
cause that the issuance of a declarators" ruling 
is mappropriate, it shall notify, in writing, the 
person requesting the ruling, stating the rea- 
sons for the denial of the request. 

(c) Prior to issuing a declaratory ruling, 
the board may give notice of the declaratory 
proceedings to any persons it deems appropri- 
ate and may direct that fact - finding pro- 
ceedings appropriate to the circumstances of 
the particular request be conducted by board 
employees or agents. The proceedings may 
consist of written submissions, an oral hearing, 
or other appropriate procedures. /Vny pro- 
ceedings conducted by the board shall be 
scheduled to provide the desired facts so that 
the declarator)" ruling may be issued within 60 
days from receipt of the Request for Declara- 
toPi" Ruling. 

(d) Persons who qualifv under the pro- 
vision of G.S. 150B-38 and 21 NCAC 54 .2306 
and .2307 and who fde timely petitions for in- 
tervention shall be permitted to inter\'ene in 
proceedings for declarator)' rulings. Persons 
so intervening shall be permitted to fde written 
submissions and participate in the oral hearing 
or other proceedings conducted by the board. 
Persons so inter\'ening shall be bound by the 
declaratory ruling as though they were the 
person requesting such ruling. 

(e) The board may initiate a rulemaking 
proceeding or contested case, based on infor- 
mation available to it as a result of a declara- 
tor)" ruUng request, when appropriate. 

Statutory Authority G.S. 90-270.9; 

1508-11(1): 150B-17. 

TITLE 25 - OFFICE OF ST.\TE 
PERSONNEL 



No 



otice is hereby gix'en in accordance with G.S. 
1508-12 that the Office of State 
Personnel State Personnel Commission intends 
to amend and repeal regulations cited as 25 
SCAC 18 .0302 - .0303:''.0305 - .0306 - .0308; 



SOI 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.03/3; .0315 - .03/9; .032/; .0324 - .033/; 
.0336 - .0339; .034/; .0345; .0346; .0347 .0348; 
.0349; .035/; .0352; .0353; 25 SCAC // .0203; 
25 hCAC /./ .0504(a) and /C .0202. 

1 he proposed effective date of tliis action is 
May /, /9S8. 

1 he public hearing will be conducted at 9:00 
a.m. on February 23, 19S8 at /Ol West Peace 
Street. Raleigh. A'. C. 

y^omment Procedures: Interested persons 
may present statements orally or in writing at 
the hearing or in writing prior to the hearing by 
mail addressed to: Drake Maynard, Office of 
State Personnel. / /6 West Jones Street, Ra- 
leigh. .\orth Carolina 2^6/ /. 

CIIAPl EK I - OFFICE OF STATE 
PERSONNEL 

SI BCflAPTER IB - STATE PERSONNEL 
COMMISSION 

SECTION .0300 - CONTESTED CASE 
HEARING PROCEDURE 

.0302 A\ AII.ABILITY OF HEARING 
(REPEALED) 

Statutory Authority G.S. /26-4; /26-5; 
126-/6; / 26-25; '/ 26-36; / 26-36./; / 26-39; 
/50.4-2(2). 

.0303 PUBLIC HEARING (REPEALED) 

Statutory Authority G.S. /50A-23(e); 
/50A-32(a). 

.0305 COMMENCEMENT OF PROCEEDINGS 

(REPEALED) 
.0306 DEFICIENCY IN REQUEST 

(REPEALED) 

Statutory Authority G.S. /26-4. 

.0308 AGENCY NOTICE TO STATE 
PERSONNEL (REPEALED) 

Statutory Authority G.S. /26-4. 

.0313 PREHEARING CONFERENCE 
(REPEALED) 

Statulniy Authority G.S. /26-4; /50A-33(5). 

.0315 CONDI CI OF HEARING 
(REPEALED) 



Statuior)^ Authority G.S. /26-4(9). 
.0316 FAILURE TO APPEAR (REPEALED) 

Statutory Authority G.S. /50A-25(a). 

.0317 PROCEDURE AT HEARINGS 

(REPEALED) 
.0318 ORDER OF RECEIYING 

EMDENCE (REPEALED) 
.0319 DISCUSSION OF PENDING 

ACTION (REPEALED) 

Statutory Authority G.S. /26-4(9). 
.0321 EVIDENCE (REPEALED) 

Statutory Authority G.S. /50A-29. 

.0324 ABSTRACTS OF DOCUMENTS (REPEALED) 

.0325 COPIES (REPEALED) 

.0326 OTHER DOCUMENTS (REPEALED) 

Statutory Authority G.S. /26-4(a). 

.0327 CROSS EXAMINATION (REPEALED) 
.0328 REBUTTAL EVIDENCE (REPEALED) 

Statutory Authority G.S. /50A-25id). 

.0329 HEARING OFFICERS (REPEALED) 
Statutory Authority G.S. /26-4( / / ). 

.0330 HEARING OFFICER BIAS (REPEALED) 

Statutory Authority G.S. / 26-4(9). 

.0331 AUTHORITY OF HEARING 
OFFICER (REPEALED) 

Statutory Authority G.S. /50.4-33. 

.0336 PROPOSED FINDINGS OF 

FACT: CONCLUSION OF L.WV 
AND BRIEF (REPEALED) 

Statutory Authority G.S. 126-4(9); /50A-34. 

.0337 PROPOSAL FOR DECISION OF 
HEARING OFFICER (REPEALED) 

Statutory Authority G.S. /26-4(9); !50A-34(b). 

.0338 SERMCE OF PROPOSAL 
(REPEALED) 

Statutory Authority G.S. /26-4(9). 

.0339 PREPARATION OF PROPOSAL 
(REPEALED) 



NORTH CAROLIN.A REGISTER 



S02 



PROPOSED RULES 



Sialulory Auihority C.S. l50A-34(h). 

.0341 (;knkrai, PKI\( ipi.f.s go\ ermng 

DISCOVERY (REPEALED) 

Staiutoiy Authoniy G.S. 126-4; I50A-28. 

.0345 REQl EST FOR CONTINUANCE 
(RKI'EAI.ED) 

Statiitor)- Authority G.S. 126-4(9). 

.0346 RKQl IREMENT OE FACTUAL 
DLSI'l IE (REPEALED) 

Slatuto/y Authority G.S. / 26-4(9): / 26-37. 

.0347 NOriFICAFION OFWrPNESSES 

(REPEAITD) 
.0348 A\ All ABM IT^ OF S FATE 

EMPLOY EES FO I ES I IFV 

(REPEAI ED) 
.0349 IIEARIN(; OFFICER'S AL IIIORITY 

TO RECOMMEND DISMISSAL 

(REPEALED) 

Statutory Authority G.S. / 26-4(9). 

.0351 COMPl TAIION OF I IME (REPEALED) 
.0352 FII.IN(; OF PAPERS Willi 

STAIE PERSONNEL (REPEALED) 

Statutoiy Authority G.S. 126-4(9). 

.0353 RESOLUTION OF GRIEVANCE 

WITHOUT HEARING (REPEALED) 

Statutory Authority G.S l50A-2{2). 

SUHCIIAPFER II -SERVICE TO LOCAL 
GOVERNMENF 

SECTION .0200 - LOCAL GOVERNMENT 
EMPLO^MENI POLICIES 

.0203 EQUAL EMPLOYMENT OPPORTUNITY 

(a) Affimiativc Action; 

(4) Discrimination on the basis of age, sex 
or phy ;. ical di ;. ab i lily handicapping 
conditions is prohibited except where 
specific age, sex or physical require- 
ments constitute a bona fide occupa- 
tional qualification necessary for job 
periormance. 

(12) 44^ OITioL ' trf ^;4Ttk» Por ' ionnL'l vrttt ««- 
duct poruHlic on '. iti. ' ros iL" . ! !' t4~ local at- 
hrinativ o action program ', k* l ' SliIuuIl' 
c . uccl" .ii wt nu ' L ' ting pol i cy rL'C|uiiL'mL'nto 
aH4 tf* provide a 'l'. ir i tancL' m problem 
ar e af i . The Office of State I'ersonnel 



will be a\'ailablc to provide technical 
assistance in meeting policy requirc- 
ments in accordance with Cj.S. 126-10. 



(c) Appeal of Discrinunation: 
(1) Any applicant or employee who believe 
that employment, promotion, training, 
transfer or salary increase was denied 
or that demotion, transfer, lay-off or 
termination was forced because of race, 
color, national origin or political or re- 
ligious afllliations may appeal to the 
State Personnel Commission. Appeal 
may also be filed if discrimination on 
the basis of age, sex, or physical disa 
bility handicapping condition did not 
result from bona fide occupational 
qualifications. 

Statutory Authority G.S. 126-10: 126-16; 168; 
Title MI of the Civil Rights Act as amended 
bv the Equal Employment Opportunity Act of 
1972. effective March 24, 1972; Federal Stan- 
dards for a Merit System of Personnel Admin- 
istration; 5 U.S.C. 1501-1508; P.L. 95-256, 
.April 6, 1978. 

SUBCHAPTER IC - PERSONNEU 
ADMINISTRAIION 

SECTION .0200 - GENERAL EMPLOYMENT 
POLICIES 

.0202 EQUAL EMPUOYMENT OPPORTUNITY 

(a) It is the policy of the State of North 
Carolina that neither race, religion, color, 
creed, national origin, sex, age, political affil- 
iation, nor physical disability handicapping 
condition is to be considered in the: 

(1) recruitment and employment of new 
employees of the state; 

(2) promotion, demotion, transfer, lay-off, 
temiination or selection of employees 
of the state for training and develop- 
ment; 

(3) establishment of rates of pay including 
the awarding of salary adjustments 
and/or annual salary increments. 

(b) Special provisions relative to age. 
Equal employment opportunity as to age ap- 
plies only to persons between 40 and 70 years 
of age. State and federal laws forbid employ- 
ment discrimination on the basis of age for 
these persons. It is unlawful "to fail or refuse 
to hire or to discharge any individual or oth- 
erwise discriminate against any indi\idual with 
respect to his compensation, terms, conditions, 
or privileges of employment, because of such 
indi\iduars age." 



HOi 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(c) Special provisions relative to hand- 
icap. 

(1) I'qual employment opportunity for 
persons with disabilities includes the 
making of a reasonable accommodation 
to the known physical limitations of a 
qualified handicapped applicant or em- 
ployee who would be able to perform 
the essential duties of the job if such 
accommodation is made. This may 
include: 

(A) making facilities used by employees 
readily accessible to and usable by such 
person; 

(B) job restructuring (reassigning non- 
essential duties and, or using part-time 
or modified work schedules); 

(C) acquisition or modification of equip- 
ment or devices; 

(D) provision of readers or interpreters; 
and 'or other similar actions. Agencies 
are required to make such adjustments 
for the known limitations of otherwise 
qualified handicapped applicants and 
employees, unless it can be demon- 
strated that a particular adjustment or 
alteration would impose an undue 
hardship on the operation of the 
agency. 

(2) Wiether an accommodation is reason- 
able must depend on the facts in each 
case. I-actors to be considered in de- 
termining this include: 

(A) the nature and cost of the accom- 
modation needed; 

(B) the type of the agency's operation, 
including the composition and structure 
of its work force; and 

(C) the overall size of the agency or par- 
ticular program involved, with respect 
to number of employees, number and 
type of facilities, and size of budget. 

(d) Bona I-ide Occupational Qualifica- 
tions. 

(1) Age, sex or physical requirements may 
be considered if they constitute a bona 
fide occupational qualification neces- 
san, lor job performance in the normal 
operations of the agency. WTicther 
such a requirement is a bona fide occu- 
pational qualification will depend on 
the facts in each case. This exemption 
will be construed very narrowly and the 
agency will have the burden of proving 
the exemption is justified. 

(2) Physical fitness requirements based 
upon preemployment physical exam- 
inations rclatina to minimum standards 



for employment may be a reasonable 
employment factor, other than a«* »f 
se*7 provided ho' . ve' ie r that such stan- 
dards are reasonably necessary for the 
specific work to be performed and are 
uniformly and equally applied to all 
applicants for the category, regardless 
of age or sex. 

(3) A differentiation based on a physical 
examination may be recognized as rea- 
sonable in certain job situations which 
necessitate stringent physical require- 
ments due to inherent occupational 
factors such as the safety of the indi- 
vidual employees or of other persons in 
their charge, or those occupations 
which by nature are particularlv haz- 
ardous. Job classifications which re- 
quire rapid reflexes or a high degree of 
speed, coordination, dexterity and en- 
durance would fall in this category. 

(4) To establish age, sex or physical re- 
quirements as a bona fide occupational 
qualification, it will be necessary to 
submit a recommendation to the Office 
of State Personnel setting forth all facts 
and justification as to why the require- 
ment should be considered as an em- 
ployment factor in each of the 
classifications in question. 

(e) riffootivo Mf +7 1977. dir e ct app e al te 
i^ Stato Poroonnel Commii ' ijion **» A« basis 
ef political affiliation i* provid e d only te- efH- 
ployoos with 6v<* ©f moro yoars ef immediat e 
continuous stat e sur i icu »f m positions subject 
t» oompetitive s e p i ice. Eft'ective July h 1985, 
direct appeal to the State Personnel Commis- 
sion on the basis of political affiliation dis- 
crimination is provided only to employees who 
meet the standards for continuous state service 
set out in G.S. 126-5(c')( 1). or to employees 
who served or were separated from positions 
subject to competitive service. 

(f) Special provisions Relative to Com- 
muni -cable and Infectious Diseases. 

( 1 ) Persons with communicable or infec- 



tious disease, including Acquired Im- 
mune Deficiency Svndrome (.AIDS), 
are handicapped if the disease results in 
an impairment uliich substantially' lim- 
its one or more major life activities. 
All of the statutory provisions relative 
to persons with handicaps arc applica- 
ble to persons with communicable and 
infectious diseases, including the rc^ 
quirement for a reasonable accommo- 



dation to the known limitations of an 



NORTH CAROLINA REGISTER 



S04 



PROPOSED RULES 



otherwise qualified applicant or em- 
ploNce. 

(2) lj_ r^ not discnminatop, action to fail to 
hire, transfer, or promote, or to dis- 
charge a handicapped person because 
the person has a communicable disease 
w hich \sould disqualify a non-handi- 
capped person from similar employ- 
ment. Hou'e\er. such action ma\ be 
taken on that basis onh when it has 
been detennined necessar\ to preyent 
the spread of the communicable or in- 
fectious disease. There must be doc- 
umentation ot^ consultation with pn\ate 
ph\ sicians and or public health officials 
in arn\'ing at^ the determination. Con- 
cern lor other empUnees who may fear 
workint: with the infected co-worker 
must ncyer be the basis tor the action. 
in the absence of a medically docu- 
mented health ha/ard to other persons. 

(3] ]\_ must be remembered that .MPS, un- 
like most communicable diseases, is 
transmitted onh by exchange of body 
lluids through sexual contact shanng 
of needles and s\ nnges. or transfusion 
of infected blood. .According to the 
IS. DeP'irtment of Health and Human 
■Ser\ices. i'ublic I lealth Ser\ice. no 
cases ha\e been found where the .MPS 
yirus has been transmitted by casual 
contact, and there is on e\idence that it 
can be transmitted b\ casual contact. 



There is no e\idencc that employing a 
person with .MPS would present a 
health ha/ard to other persons in the 
usual work place. 

Statutory Authority G.S. 126-4; 

126-5{c)(l)(2)(3)(4); 126-16: 126-36; 
I6SA-5(b)(3): PL. 92-26!, March 24, 1972. 

SLBCII.M'TFR 1.1 - EMPI.OM.t RELATIONS 
SECTION .0500 - EMPLOYEE GRIE\ .\NCES 

.0504 DlSCRIMIN.\TION 

.-Vny applicant for state employment or 
state employee or former state employee who 
has reason to belieye that emplo\ment, pro- 
motion, training, salar%^ adjustment, a merit 
salary' increment or transfer was denied liim 
her or that demotion, lay-off or termination 
of employment was forced upon him her be- 
cause of race, religion, color, creed, national 
origin, sex, age, political affiliation, or physical 
di ' jubility handicapping condition except where 
specific age, sex or ph\ sicial requirements 
constitute a bona fide occupational qualifica- 
tion necessary to proper and efficient adminis- 
tration, shall hayc the right to appeal directly 
to the State Personnel Commission within 30 
days of the alleged discriminatoPv action. 



Siatutorv Authority 
168 A- 2.' 



G.S. 126-36; 126-38 



S05 



\ORTH CAROLINA REGISTER 



FINAL RULES 



LJ pon request from the adopting agcncv, 
the text of titles will be published in this 
seetion. 



[ r hen the text of any adopted rule is 
identical to the text of that as proposed, 
adoption of the rule will be noted in the 
"List of Rules Affected" and the text of the 
adopted rule will not be republished. 

iL dopted ndcs filed by the Departments 
of Correction, Revenue and Transportation 
are published in this section. These de- 
partments are not subject to the provisions 
ofG.S. 1 508, Article 2 requiring publica- 
tion of proposed rules. 



TITLE 17 - DKPARTMENT OF REVENUE 

CIIAPTKR I -DEPARTMEMAL RLLES 

SUBCHAPTER IC - GENERAL 
ADMIMSTRATION 

SECTION .0400 - INTEREST 
REQUIREMENTS 

.0402 ESIAIJIISIIEn INTERES I RA lES 

(h) Tor the calendar year 1988, the Sec- 
retary of Revenue under the authority of Sub- 
section (i) of G.S. 105-241.1 has established 
on November 30, 1987 an interest rate of 9 
percent per annum. The computation shall 
be at the rate of 3/4 percent per month or 
fraction thereof. 

History Note: Statutory^ Authority G.S. 
1 05-24 1. 1; 105-262: 
Eff November 9, 1977; 

Amended Eff. February I, I98S: January I. 1987; 
January 1 , 1986; January 1 , 1985. 

CHAP! ER 6 - INDIMDIAE INCOME FAX 

SEBCIIAPIER 6B - INDIMIDl AE INCOME 
FAX 

SECIION .O.M)0 - PERSONAL EXEMPTION 

.0315 PARAPLEGICS 

An additional one thousand and one 
hundred dollars ($1,100.00) exemption may be 
claimed for the taxpayer or the taxpayer's de- 
pendent who is a paraplegic or who is disabled 
to the extent that he must use a wheelchair to 
move about and to function effectively or who 
is a double-leg amputee above the knee. This 



exemption may be claimed for a qualified 
spouse who meets the requirements for a de- 
pendent even though a dependency exemption 
may not be claimed. A supporting statement 
from a physician must be attached to the re- 
turn. 

History Note: Statutory Authority G.S. 
I05-I49(a)(8d); 105-262; 
Eff April 19, 1981; 
Amended Eff. February 1 , 1988. 

SECTION .0800 - INSTALLMENT SALES 

.0801 GENERAL 

(b) Those federal rules and regulations 
which are not deemed to be contrary to the 
context and intent of State law will be followed 
on installment sales and repossessions and di- 
spositions on installment sales. Exceptions to 
federal rules and regulations include: State and 
federal differ on sales between related parties, 
and State law has no provision for unstated 
interest on installment sales. 

When an individual moves into North 
Carolina from a state having an income tax law 
after having made an election to report a gain 
to his former state of residence on the install- 
ment basis for income tax purposes, he must 
include in his North Carolina income that 
portion of each collection received after be- 
coming a North Carolina resident which re- 
presents gain. (When the individual's former 
state does not have an income tax law, he does 
not have to report any portion of the gain from 
an installment sale made prior to moving to 
North Carolina.) 

When an individual moves out of North 
Carolina after having made an election to re- 
port a gain on the installment basis he must 
continue to fde a North Carolina return and 
report for income taxation each year his gain 
from the installment sale. If this gain should 
be taxed by the taxpayer's new state of resi- 
dence, North Carolina does not allow any tax 
credit. 

History Note: Statutory Authority G.S. 
105-I4l(a); ]05-l42(f); 105-144; 105-262; 
Eff. February I, 1976; 

.4 mended Eff February /, 1988; May 1, 1984; 
June I, 1982. 

SECTION .0900 - SALE OF PRINCIPAL 
RESIDENCE 

.0902 RULES 

(c) The new residence must be used as 
the individual's principal residence within two 



NORTH CAROHN.i REGISTER 



S06 



FINAL RULES 



)ears bclorc i)r after the sale of the old resi- 
dence. 

Ihc replacement period is suspended dur- 
ing any time that the taxpayer (or his spouse 
if the old residence and the new residence are 
each used by the taxpayer and his spouse as 
their residence) serves on extended active duty 
with the Armed I'orces of the United States 
after the date of sale of the old residence. In 
no case, houe\er, may the period be sus- 
pended longer than four years after the date of 
the sale of the old residence. The replacement 
period is suspended for members of the Armed 
Forces until one year after the last day on 
which they are either stationed outside of the 
I nited States, or at a remote site within the 
I'nited States, except that the replacement pe- 
nod may not exceed eight years after the date 
of sale of the old residence. This eight year 
suspension applies to those residences sold af- 
ter July 18, 1984. 

The replacement penod for purchasing a 
new principal residence to postpone the tax on 
the gain from the sale of a principal residence 
is suspended up to four years after the date of 
sale during the time an indi\idual has his tax 
home outside of the L'nited States. 

i\n indi\ idual will be allowed to postpone 
the taxing of gain on the sale of more than one 
principal residence within the replacement pe- 
riod if the proceeds are reinvested in a new 
pnncipal residence and he relocates for em- 
ployment purposes and quahfies to deduct 
moving expenses. 

History Note: Statutorx' Aulhorilv G.S. 
105-144.2: 105-262: 
Eff. Fcbmaiy I, 1976: 

Amended Eff. Febmary I, I9S8: August I, I9S6; 
.May I. 1984: March 29, 1981. 

SECTION .2200 - TR.W EL EXPENSES 

.2203 FEDER.\L I'R.VCTKE TO BE 
KOI I OWED 

In determining whether or not travel, en- 
tertainment, and business gift expenses arc al- 
lowable deductions, the department follows 
federal rules and regulations in effect during the 
income year which are not deemed to be con- 
trap," to the context and intent of state law; 
howe\er. North Carolina law does not subject 
unreimbursed business meals and enter- 
tainment expenses to the SO percent limitation 
required for federal tax purposes, nor arc un- 
reimbursed cmploNcc business expenses sub- 
ject to the two percent adjusted gross income 
floor required for federal tax purposes. 



History Note: Statutory Authority G.S. 
105-147(1 ): 105-147(2): 105-262; 
Eff. February I, 1976; 
Amended Eff Febmary /, 1988; June /, 1982. 

SECTION .2300 - EDUCATION EXPENSES 

.2302 FEDERAL PRACTICE TO 
BE FOLLOWED 

In determining whether or not education 
and training expenses are allowable deductions 
for state income tax purposes, the department 
follows those federal rules and regulations in 
effect during the income year which are not 
deemed to be contrary to the context and in- 
tent of state law, except that North Carolina 
has no provision for reducing such expenses 
by two percent of adjusted gross income as 
required for federal tax purposes. In addition, 
for state income tax purposes, all ordinary and 
necessary expenses of attending summer school 
are deductible up to two hundred and fifty 
dollars ($250.00) for a teacher, substitute 
teacher, prmcipal, or superintendent of the 
public schools of this state even if they are not 
allowable as deductions for federal income tax 
purposes. 

Uisloty Note: Statutory .4uthoritv G.S. 
105-147(2); 105-147(3); 105-262; 
Eff Fehman' /, 1976: 
Amended EJf Februa/y /, /988. 

SECTION .2400 - MOMNG EXPENSES 

.2402 FEDERAL PRACTICE TO 
BE FOLLOWED 

In the administration of G.S. 105-147(8) 
the federal rules and regulations pertaining to 
moving expenses are followed (including the 
80 percent limitation for unreimbursed meals). 
Form D-453, "Schedule of Moving 
Expenses," or federal Form 3903, should be 
filed with the individual return. Form D-400, 
when the moving expense deduction is 
claimed. 

History .\'ote: Statutory Authority G.S. 
105-147(8); 105-262; 
Eff. Febmary 1. 1976; 
Amended Eff. Febmary 1 , 1988; 
March 11. 1978. 



SECTION .2500 - RETIREMENT PLANS 

.2502 FEDERAL PRAC IICE TO 
BE FOLLOWED 

(a) The federal rules and regulations per- 
taining to the sell'-cmploycd retirement con- 



S07 



NORTH CAROLINA REGISTER 



FINAL RULES 



tributions deduction will be followed except 
where such rules and regulations are deemed 
to be contrary to the context and intent of state 
law. Generally, a part-year resident or non- 
resident owner-employee's deduction for con- 
tributions to a Keogh or HR-10 plan is 
allowed only to the extent that the earned in- 
come from the business that has the plan is 
taxable to North Carolina. A taxpayer is not 
required to attach to his North Carolina in- 
come tax return copies of an\ forms or sched- 
ules pertaining to his self-employed retirement 
contribution deduction which he is required to 
fde with the Internal Revenue Service; how- 
ever, copies of such forms must be furnished 
if requested b>' the Department of Revenue. 

History Note: Statutory Authority G.S. 
105-147(20); 105-262; 
Eff. Febnmry I, 1976; 
Amended Eff. February I, 1988; 
August I. 1986; May I, 1984; June I, 1982. 

SECTION .2800 - TAXKS PAID 

.2806 NONDKDl CTIBLE 

The following are nondeductible: 
(15) 100 percent withholding penalty as- 
sessed corporate officer. 

History Sate: Slatuloty Authority G.S. 
I05-I'47(6): 105-262; 
Eff. Fehruan' I, 1976; 
Amended Eff. Februaiy I. 1988; 
August /, 1986: March II. 1978. 

SECTION .2900 - CASUALTY AND IHEKT 
LOSSES 

.2901 (;enerae 

(c) A casualty is the complete or partial 
destniction of loss of property resulting from 
an identifiable event that is damaging to prop- 
erty, and is sudden, unexpected, or unusual in 
nature. A sudden event is one that is swift and 
precipitous and not gradual or progressive. 
An unexpected event is one that is ordinarily 
unanticipated and that occurs without the in- 
tent of the one who suffers the loss. An unu- 
sual event is one that is extraordinary and 
nonrecurring, does not commonly occur dur- 
ing the activity in which the taxpayer was en- 
gaged when the damage occurred, and does not 
commonly occur in the course of day-today 
living. Casualty losses do not include pro- 
gressive deterioration througli a steadily oper- 
ating cause and damage from a normal process. 

(d) The term "theft" generally refers to 
the felonious taking and removing of money 
or property with intent to deprive the rightful 



owner of it. Theft includes, but is not limited 
to, larceny, robbery, and embezzlement. 

(e) A casualty loss may be claimed only 
by the owner of the property at the time the 
loss occurred. Payment for destroyed or lost 
property by a person other than the owner of 
the property will not entitle that person to 
claim a casualty loss. Where there is a life es- 
tate and the property involved is damaged or 
destroyed there may be a casualty loss de- 
duction which may be claimed by the life ten- 
ant and remainderman. The casualty loss 
deduction which may be claimed by the life 
tenant is based on the Life tenant's interest in 
that part of the property damaged or destroyed 
after taking into consideration the fair market 
value of the property before and after the loss, 
and it cannot exceed the life tenant's basis after 
adjustment for capital improvements and de- 
preciation. The amount allowable as a casu- 
alty loss deduction by the remainderman is 
based on the remainderman's interest (as of the 
date the loss occurred) in that portion of the 
property damaged or destroyed. 

When property is owned jointly, the loss 
deductible by each co-owner is limited to the 
amount of the allowable casualty loss de- 
duction multiplied by his percentage of own- 
ership. If the property damaged or destroyed 
is real property owned by a husband and wife 
as tenants by the entirety, the allowable casu- 
alty loss deduction is divided equally between 
husband and wife. 

(f) Losses such as those described in G.S. 
105-147(9)a. and b.wiU be allowed to the same 
extent allowed for federal income tax purposes, 
except where federal rules and regulations may 
be contrary to the context and intent of State 
law. In computing the casualty loss deduction, 
State law does not require that the amount of 
each casualty loss be reduced by one hundred 
dollars ($100.00) or that the total losses for the 
year be reduced by ten percent of adjusted 
gross income. 

History Note: Statutory Authority G.S. 
I05-I47(9)a.; I05-I47(9)b.; 105-262; 
Eff. February I, 1976; 
Amended Eff. February 1 , 1988; 
May 1, 1984; June I, 1982. 

SFXTION .3300 - ACCOIJN I ING PERIODS 
AND METHODS 

.3303 ACCOUNTING PERIODS 

(b) Initial income year: 
(1) i\n individual having no accounting 
period or not keeping books must 
compute his taxable income on a cal- 



NORTH CAROLINA REGISTER 



HOS 



FINAL RULES 



endar year basis unless he has elected to 
compute his income on the variable 
period of 52 or 53 weeks for federal in- 
come tax purposes. After filing his ini- 
tial return, an individual may ch;inge 
his income subject to the conditions set 
forth in Cj.S. 105-142 as explained in 17 
NCAC 6B .3304. 

(2) A newly-formed partnership ma\' adopt 
the same taxable year as that of its 
partners who own an aggregate interest 
in partnership profits and capital of 
greater than 50 percent unless the part- 
nership establishes a business purpose 
for having a diiTerent year. If partners 
owning the majority interest have dif- 
ferent tax ye;irs, the partnership must 
adopt the same tax year as that of its 
principal partners. (A principal partner 
is a partner who has at least a tne per- 
cent interest in partnership profits or 
capital.) WTiere neither condition is 
met, a partnership is required to adopt 
a calendar year as its tax year. 

(3) In fding its tlrst return a trust may 
choose either a calendar year or a fiscal 
year as its annual accounting period for 
income tax purposes. 

An estate, in filing its first return, may 
choose the same accounting period as the de- 
cedent had (whether a calendar year or fiscal 
>ear), or may choose a calendar \"ear or fiscal 
year regardless of the period used by the dece- 
dent. 

If the estate elects to use the same ac- 
counting period as that used by the decedent, 
the first return filed wUl be for a short period 
to fill out the unexpired fuU year of the dece- 
dent. No annualizing is required for this short 
period, however, and the full personal ex- 
emption may be claimed on the estate return 
as if the period were for a fuU year. 

Hislon \ote: Statutory Authority G.S. 

105-135(5 ); 105- 142(a): 105-I42(b): 105- 
262: 

Eff. Fchmaty 1. 1^6: 

Amended Eff. February I. I9SS. 

SECTION .3500 - [WRTNERSMIPS 

.3504 ACCOIMING PERIOD 

I-'or taxable years beginning on or after 
Januar)' 1, 1987, all partnerships must use the 
same taxable year as that of its partners who 
own an aggregate interest m partnersliip profits 
and capital of greater than 50 percent unless 
the partnership establishes a business purpose 
tor having a different year. If partners owning 



the majority interest have different tax years, 
the partnership must adopt the same tax year 
as that of its principal partners. (A principal 
partner is a partner who has at least a five 
percent interest in partnership profits or capi- 
tal.) WTiere neither condition is met, a part- 
nership is required to adopt a calendar year as 
its tax year. 

A partnership that must ch;mge its taxable 
year to conform to the above requirements is 
required to file a return for the short taxable 
year that begins with the first day of its current 
taxable year beginning after 1986. For exam- 
ple, a partnership with a taxable year ending 
on September 30, 1987, that is required to 
change to a calendar taxable year has a short 
tax year beginning on October 1, 1987, and 
ending on December 31, 1987. The individual 
partners of a partnership which is required to 
file a short taxable year return are required to 
report the amount of net income or loss for the 
short taxable year in income currently and are 
not allowed to elect to include such net income 
in income ratably o\"er the first four tax years 
beginning after 1986 as allowed for federal tax 
purposes. 

Generally, a partnership's tax year con- 
tinues after the death of a partner, the entry of 
a new partner, or the Liquidation, sale, or ex- 
change of a partner's interest unless there is a 
termination of the partnership. 

History Mote: Statutory Authority G.S. 
I05-I42(a); I05-I42(b): 105-262: 
Eff. February I, 1976: 
Amended Eff. February I, I9SS. 

SECTION .3700 - ESTATES AND TRLSTS 

.3712 DISTRIBUTIONS TO 
BENEFICIARIES 

(bj Estates and complex trusts are al- 
lowed under G.S. 105- 161(d)(6) to deduct the 
amount of income of the taxable year which 
is required to be distributed currently, and any 
other amounts properly paid, credited or re- 
quired to be distributed for the taxable year. 

Ihc amount of income required to be 
distnbuted for the taxable },ear includes any 
amount required to be distributed which may 
be paid out of income or corpus to the extent 
that it is paid out of income of the taxable 
year. 

Other amounts include all amounts prop- 
erly paid, credited, or required to be distributed 
during the taxable year other than income re- 
quired to be distributed currently, including: 
( 1 ) amounts distributed in the discretion of the 
fiduciary, (2) the payment of an annuity to the 



S09 



NORTH CAROLINA REGISTER 



FINAL RULES 



extent ncit paid out of income of the taxable 
year, and (3) a distribution of property in kind. 
Distributions to beneficiaries in the first 
65 days of a tax year are considered as having 
been made on the last day of the preceding tax 
year if the trustee elects to treat the distrib- 
utions in the same manner for federal tax pur- 
poses. _ 

History Note: Statutory Authoritv G.S. 
105-161 (d)(5): 105-161 (d){6);' 105-262: 
Eff. Fchnian' I, 1976: 
Amended Eff. Februarys I, I9S8: June I, 1982. 

.3722 GRANTORS TRUSTS 

G.S. 105-163 provides that the grantor or 
another person who is treated as the owner of 
any portion of a trust under Sections 671-678 
of the Internal Revenue Code shall be consid- 
ered as the owner of such portion for state in- 
come tax purposes. f-ederal rules and 
reeulations will be followed in the adminis- 
tration of G.S. 105-163. 

History Note: Statutory Authority G.S. 
105-163: 105-262: 
Eff Februar\> I, 1976: 
Amended Eff Fchnuvy I. /9SS. 

SFXTION .3800 - MISCKLI A\KOl S RLLES 

.3801 INCOMK 

(a) A bonus received by a cash basis 
taxpayer after moving to North Carolina is 
taxable income to him even though the bonus 
is paid for services rendered prior to the time 
the taxpayer moved to North Carolina. A 
bonus received by a ta.xpayer after moving out 
of North Carolina, which is based on services 
rendered while a resident of this state, is con- 
sidered as income earned in and reportable to 
North Carolina. 

An employment termination payment re- 
ceived by a nonresident from his employer that 
is based on years of scr\ice is deemed to be 
compensation for past service and will be taxed 
to the nonresident in the proportion that the 
number of years of service the individual had 
with that employer in North C'arolina is to the 
total years of service with that employer. 

An employment termination payment 
that is made by a qualified employees' pension 
or profit sharing plan and received by an indi- 
vidual while a nonresident is not taxable by 
North ("arolina. 

(k) Liquidating dividends are reportable 
as gain or deductible as loss from the sale of 
stock, with one exception as stated below. 



W^en a distribution is made in complete liq- 
uidation of a corporation, the amount received 
by a shareholder is usually treated as full pay- 
ment in exchange for his stock, and the differ- 
ence between the amount received and his cost 
basis of the stock is a reportable gain or a de- 
ductible loss. The exception referred to above 
is that when the distribution is in complete li- 
quidation of the corporation and the transfer 
of property under the liquidation occurs within 
one calendar month, the shareholders may 
make an election which will limit the recogni- 
tion of that part of an individual shareholder's 
gain on the liquidation which is attributable to 
appreciation in the value of certain corporate 
assets unrealized at the time of the distribution. 
The requirements for making such an election 
are set out in G.S. 105- 144(c). 

When a distribution is made as one of a 
series of distributions with the intent to effect 
e\ entually a complete Liquidation of a corpo- 
ration, no gain is deemed to be realized by a 
shareholder until his cost has been recovered, 
after which any amount received is reportable 
income. 

If a corporation's assets are sold and a 
distribution of the proceeds is made in com- 
plete liquidation, the amount received in excess 
of his cost basis is income reportable by the 
shareholder. 

When a partial liquidation of a corpo- 
ration occurs, distributions of accumulated 
earnings and profits are taxable as ordinary di- 
vidends. Distributions in excess of the corpo- 
ration's earnings and profits constitute a return 
of capital and serve to reduce the taxpayer's 
cost basis in the stock. Distributions in excess 
of both earnings and profits and the cost basis 
of the stock are taxable as a gain from the sale 
of the stock. The amount determined as or- 
dinary dividends would be subject to the de- 
ductible dividend percentage if received from a 
corporation which paid taxes to North Caro- 
lina. 

Histoiy Note: Statutory Authority G.S. 
I05-I4l(a): I05-I4L1: I05-I44(c): 
105-147(7): 105-262: 
Eff Februan' I, 1976: 

Amended Eff February I. 1988: August f 1 986: 
May 1. 1984: June I, 'l982. 

.3802 DKnucnoNS 

(g) When a taxpayer uses a portion of his 
home regularly and exclusively either as his 
principal place of business; or as a place of 
business that is used by patients, cUents, or 
customers in meeting and dealing with him in 
the normal course of his trade or business, he 



NORTH CAROLINA REGISTER 



SIO 



FINAL RULES 



may deduct a pro rata portion of the operating 
and depreciation expense. In detennining 
whether or not the expenses are allowable de- 
ductions, the department follows those federal 
rules and regulations in ef!'ect during the in- 
come year, except that North Carolina has no 
pro\ision for reducing such expenses by two 
percent of adjusted gross income as required 
for federal tax purposes. 

(p) Indniduals engaged in the commer- 
cial growing of trees are allowed to elect to 
claim a current income tax deduction for rea- 
sonable expenses paid for reforestation and 
cultivation or they may elect to amortize such 
expenses over a period of 60 months. No de- 
duction will be allowed under other pro\'isions 
of the law for amounts deducted under tlus 
pro\ision ;md the deduction muat be reduced 
by any incentive payments which are excluda- 
ble from gross income. This election must be 
made within the time prescribed by law (in- 
cluding extensions thereof) for filing the return 
for the taxable \ear and may not be revoked. 

Histon' \o!e: Statutory' Authoritv G.S. 
105-14''il );105-I47(2): 
105-14^(7): 105-I4''i9}a:l05-I4''{l0>: 
105-14^(24); 105-14^(28); 105-148(1); 
105-148(21; 105-14Si8i; 105-262; 
Eff. Febman I. 19'76; 

Amended Eff. Febman 1. 1988; April 1, 1987; 
Febman- 1, 198'^; August 1, 1986. 

.3803 OTHER ITEMS 

(b) When a taxpayer accjuires a bond at 
a price w hich is less than the redemption \alue, 
It is acquired at a discount. If the bond is sold 
prior to maturity or redeemed at maturity for 
an amount in excess of its basis, the taxpayer 
has a reportable gain. If the bond is sold prior 
to maturity for a price which is less than its 
basis, the taxpayer has a deductible loss. The 
taxpayer reports his gain or deducts his loss 
regardless of whether interest on the bond is 
taxable or exempt. The ratable monthly por- 
tion of the onginal issue discount on corporate 
bonds or other evidences of uidebtcdness (ex- 
cept North Carolina and U.S. Government 
obligations) is taxable. 

A L .S. Government Series H Savings 
Bond purchased at a given price and redeema- 
ble at a higher price based on a schedule 
printed on the bond is not considered a bond 
purchased at a discount. I"or a bond of this 
type, the ditterence between the purchase price 
and the redemption value is interest which is 
exempt from state income tax. 



I'or obligations acquired on or after Oc- 
tober 22, 1986, a purchaser of stripped bonds 
or coupons is treated as having acquired an 
original issue discount bond. The amount 
determined as original issue discount is not 
taxable but must be taken into account in de- 
termining the taxpayer's basis in the obli- 
gation. In determining the amount of original 
issue discount and the adjustment to the basis, 
federal rules and regulations in effect during the 
income year will be followed which are not 
deemed to be contrar>' to the context and in- 
tent of state law. 

(m) State legislators' expenses are de- 
ductible to the same extent allowable for Fed- 
eral Income Tax purposes (including the 80 
percent limitation for unreimbursed meals and 
the two percent federal adjusted gross income 
floor for unreimbursed employee business ex- ^ 
penses), except that for State Tax purposes a 
:qlegislative da>- includes any day the General 
Assembly was not in session but the legisla- 
tor's physical presence was recorded at a 
meeting of a board, commission, committee, 
or council, funded whoUy or partly from state 
funds of which the legislator was a member. 

UistotT Sole; Slaluton' Authority G.S. 
8-45.3; 105-1421 a l; l65-/44(ai; 
105-144.3; 105-147(1 )h: 105-147 {9)a; 
105-147(17); 105-147(19); 105-148(1); 
105-159.1; 105-163.16(0; 105-163. 16(e); 
105-251; 105-262; 147-77; 
Eff. Febmary 1. 1976; 

Amended Eff Febman 1. 1988; Febman I. 1987; 
August 1, 1986; May 1. 1984. 

SLBCHAPl ER 6C - WrFHHOLDING 

SECl ION .0200 - FILING WITHHOLDING 
REPORIS 

.0202 QL.VRTERLY .\ND MONTHLY 

Even,' employer required to withhold 
North CaroUna income tax must file a return 
on Form NC-5, Emplover's Report of North 
Carolina Income Tax withheld, for each cal- 
endar quarter except for employers required to 
llle monthly retums. An employer required to 
withhold an average of five hundred dollars 
($500.00) or more of North Carolina income 
tax per month during a calendar vear or an 
employer classified as transient or seasonal 
must make a monthlv" report and payment of 
tax witliheld in lieu of a quarterly report. 

History .\ote; Statuton .-iuthoritv G.S. 
105-163.6; 105-163.18; 105-262;' 
Eff. Febman 1. 1976; 






SlI 



NORTH CAROLINA REGISTER 



FINAL RULES 



Amended [iff. Fehmaiy I. 1988; I'chrumy 21, 1979. 
SI BCIIAI'IER 6D - ESTIMATED TAX 

SECTION .0100 FILING ESTIMATED 
INCOME TAX PAYMENTS 

.0101 FORMS 

The form for payments of estimated indi- 
vidual income tax, Form NC-40, is available 
from the Department of Revenue in the form 
of a personalized payment book or a four-part 
nonpcrsonalizcd form. Both types of forms 
include vouchers and instructions for making 
the payments. 

History Note: Statutory Authority G.S. 
105-163.15: 105-163.18: 
105-254: 105-262: 
Eff. February I, 1976: 
Amended Eff. February I, 1988: August I, 1986. 

.0102 REQl IREMENTS FOR FILING 

(a) An individual is required to pay esti- 
mated income tax if the tax shown due on the 
income tax return for the taxable year, reduced 
by the North Carolina tax withheld and al- 
lowable tax credits, is forty doUars ($40.00) or 
more regardless of the amount of income the 
individual has that is not subject to withhold- 
ing. 

(b) If a husband and wife make combined es- 
timated tax payments on Form NC-40, they 
must also file on a combined return. Form 



D-4U0, provided they are living together at the 
end of the tax year. 

(c) A taxpayer filing a short period return 
because of changing his income year is re- 
quired to make estimated income tax payments 
on the installment dates which fall within the 
short period and 15 days after the close of the 
short period which would have been due had 
he not changed his income year. The penalty 
for underpayment of estimated income tax for 
a short period will be computed for the period 
of underpayment based on the tax shown due 
on the short period return and computed in the 
same manner as it would have been computed 
had the taxpayer not changed his income year. 

(d) Applying prior year's income tax re- 
fund to current year's estimated income tax: 
An individual may elect to have his or her in- 
come tax refund appUcd to estimated income 
tax for the following year. For example, an 
individual due a refund on his 1987 income tax 
return may have all or any portion of the re- 
fund applied to his estimated tax for 1988. 
The individual may not however, file a 1987 
tax return in 1989 and request the refund be 
applied to his 1989 estimated tax since the re- 
fund can only be applied to the tax year which 
follows the year for which the request for re- 
fund is made. 

History Note: Statutory Authority G.S. 
105-163.15: 105-163.18: 105-262; 
Eff. February I. 1976: 

Amended Eff February I. 1988; August /, 1986; 
May I. 1984; February 21. 1979. 



NORTH CAROLINA REGISTER 



S12 



NC AC INDEX 



IITLE/MAJOR DI\ ISIONS OF THE NORTH CAROLPsA AI).MIMSTRATI\ E CODE 
HUE DEPARTMENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 I'lections, State Board of 

9 Go\emor, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control and Public Safet\', Department of 

15 Natural Resources and Community Development, Department of 

16 Education, Department of 

17 Revenue, Department of 

18 Secretary of State, Department of 
19A Transportation, Department of 
20 Treasurer, Department of State 

*2\ Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Housing Finance Agenc)- 

25 State Personnel, Ofilce of 

26 Administrative Hearings, Office of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CIL\PrER LICENSING HOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic F-xaminers, Board of 

12 Contractors, Licensmg Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Foresters, Board of Registration for 

21 Geologists, Board of 

22 Hearing Aid Dealers and Fitters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical I'xamincrs, Board of 

33 Midwifery Joint Committee 

34 Mortuary' Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optomctrv', Board of Examiners in 



81.^ NORTH CAROLINA REGISTER 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Corxmiittee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Socid Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NOR TH CAROLINA REGIS TER 814 



CUMULA TIVE INDEX 



CUMILATIVEISDEX 

{April 1987 - March 1988) 



1987 - 1988 



Pages 



Issue 



1 - 137 

138 - 169 

170 - 198 

199 - 285 

286 - 364 

365 - 417 

418 - 487 

488 - 544 

545 - 643 

644 - 818 



April 

May 

June 

July 

Augijst 

September 

October 

8 - November 

9 - December 
10- January 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

FDL - Final Decision I cttcrs 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

ERA - List of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMIMSIRATION 

AuxiliaPv' Services, 203 PR 

Departmental Rules, 429 PR 

Property and (x)nstruction, 388 PR 

Purchase & Contract, 651 PR 

State Construction, 388 PR 

State Employees Combined Campaign, 

ADMIMSIRAinE HEARINGS 

Ileanngs Division, 408 PR 



13 PR, 334 PR 



AGRIClETlRi: 

Food and Druii Protection Division, 204 PR, 429 PR, 652 PR 

Markets, 206 PR, 658 PR 

N. C. State F'air, 205 PR 

Pesticide Board, 13 PR, 662 PR 

Plant Industrv, 658 PR 

Standards Division, 206 PR, 657 PR 



SI 5 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



Structural Pest Control, 205 PR, 393 PR, 492 PR 
Vetcnnar>-, 2U9 PR, 660 PR 

COMMKRCE 

ABC Commission, 663 PR 
Cemctcr>' Commission, 429 PR, 664 PR 
Credit I'nion Division, 334 PR 
Departmental Rules, 14 PR, 143 PR, 551 PR 
Savings & Loan Division, 147 PR 
Seafood Industnal Park Authonty, 430 PR 

COMMLMTY COLLEGES 

Community Colleges, 270 PR 

CORRECTION 

Division of Prisons, 105 FR, 190 FR, 275 FR 
Parole (Commission, 106 FR 

CRIME CONTROL AND PUBLIC SAFETY 

Alcohol Law Enforcement, 745 PR 
Governor's Crime Commission, 565 PR 
State Iliahwav Patrol, 159 PR, 745 PR 
Victim and Justice Ser\'ices, 342 PR, 570 PR 



EXECLTr\ E ORDERS 

Fxecuti\'e Orders 



34 - 


42, 1 


EO 


43 - 


46, 138 


EO 


47 - 


49, 171 


EO 




50, 199 


EO 


51 - 


53, 288 


EO 




54, 384 


EO 


55 - 


56,418 


EO 




57, 545 


EO 


58 - 


62, EO 





FINAL DECISION LETTERS 

Votmg Riglits Act, 10 FDL, 141 FDL, 200 EDL, 291 FDL, 385 FDL, 489 FDL, 547 FDL, 647 
FDL 

GENERAL STATUTES 

Chapter 7A, 382 GS 
Chapter 143B, 286 GS 
Chapter 150B, 366 GS 

HUMAN RESOURCES 

AFDC, 156 PR, 691 PR 
Children's Scn'iccs, 689 PR 
Commission of Anatomy, 441 PR 
Departmental Rules. 492 PR 
Drug Commission, 530 FR 

Facility Services, 174 PR, 21 1 PR, 393 PR, 665 PR 
Family Scr\'iccs, 152 PR 
Ilcahh: Epidemioloszy, 694 PR 
Health Scr\-ices, 237'^'PR, 432 PR, 494 PR, 696 PR 
Individual and Family Support, 153 PR 

Medical Assistance, 149 PR, 174 PR, 248 PR, 339 PR, 396 PR, 443 PR, 506 PR 
Medical Ser\ices, 711 PR 
Mental Health, Mental Retardation 
and Substance Abuse, 15 PR, 247 PR, 337 PR, 442 PR, 557 PR 



NORTH CAROLINA REGISTER 816 



CUMULA TIVE INDEX 



Notice, 170 C, 488 C 

Socivd Services Commission, 397 PF-l, 686 PR 
State County Special Assistance, 690 PR 
\'ocational Rehabilitation Sen'ices. 539 PR 
"I'outh Services, 712 PR 

IM)KPKM)I;NT AGKNCIES 

Housing Finance, 355 PR 

INSlRANCi: 

Life Accident & Health Division, 17 PR 
Special Services Division. 564 PR 

.11 DICIAL ORDERS 

Martin v. Melott, 420 JO 

.jisnci: 

liducation and Trainino Standards. 19 PR 

N.C. Alarm Svstems. 341 PR 

Private Protective Ser\'ices, 249 PR. 712 PR 

Shcnffs Education & TramingStandards Commission, 714 PR 

LICENSING BOARDS 

CPA, 269 PR, 351 PR. 516 PR, 766 PR 

Chiropractic Examiners, 178 PR 

Cosmetic .Vrt Examiners. 593 PR 

Dental Examiners. 461 PR 

Electrical Contractors. 612 PR 

Geolodsts, 524 PR 

HeamiG Aid Dealers & Titters. 76^) PR 

.Medical Examiners. 95 PR. 403 PR. 613 PR 

Mortuar,- Science, 404 PR 

Nursing, Board of, 627 PR 

Nursing Home Administrators. 182 PR 

Opticians. 404 PR 

Pharmacy, 786 PR 

Physical Therapy Lixaminers, 792 PR 

Practicing Psychologists, 795 PR 

Real Estate, 352 PR 

Refrigeration Examiners. 526 PR 

LIST OF RL LES ALEEC 1 ED 

\'olume 12. No. 1 
(.Apnl 1. 19S"). 131 ERA 
\'olumc 12. No. 2 
(May 1, 1987). 163 1 RA 
\'olume 12, No. 3 
(June 1. 1^^871, 193 1 RA 
\'olume 12. No. 4 
(July 1. 1987). 277 ERA 
\'olume 12, No. 5 
(August 1. 1^)87). 358 ERA 
Volume 12. No. 6 
(September 1. 1987). 411 ERA 
October 1. 1987. 479 ERA 
November 1. 1987. 537 ERA 
December 1. 1987. 634 ERA 

NAIT RAL RESOLRCES AND COMMLNITY DE\ ELOPMENT 



S17 NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



Coastal Management, 94 PR, 160 PR, 259 PR, 347 PR, 365 C, 401 PR, 445 PR, 510 PR, 573 PR 

Community Assistance, 51 1 PR, 758 PR 

Ixonomic Opportunity, 161 PR, 765 PR 

Fnvironmental Management, 29 PR, 249 PR, 346 PR, 506 PR, 572 PR, 746 PR 

Marine I'isheries, S4 PR, 255 PR 

Wildlife Resources and Water Safely, 175 PR, 268 PR, 446 PR, 575 PR 

PIBI IC EDUCATION 

Elementary and Secondary, 348 PR 

RKVEMK 

Corporate Income Franchise Tax, 470 I'R, 632 FR 

Departmental Rules, 806 FR 

Individual Income Tax, 107 FR, 806 FR 

Motor I-uelsTax, 108 FR 

STATE PERSONNEL 

Employee Benefits, 183 PR, 408 PR 

Office of State Personnel, 96 PR, 465 PR, 801 PR 

STATE TREASURER 

Departmental Rules, 161 PR 

Educational I-acilities Finance Agency, 349 PR, 475 I'R 

Investment Program, 177 PR 

STATEMENTS OE ORGANIZATION 

Statements of Organization, 295 SO 

TRANSPORIAIION 

Division of Iliiihways, 410 FR, 471 FR 
Motor Vehicles, 109 FR, 632 FR 



NOR TH CAROLINA REGIS TER SIS 



NOW AVAILABLE 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publicaliun consists of 52 volumes, totaling in excess of 15.000 pages. It is supplemented 
monthly with replacement pages. A one year subscription to the full publication including supplements 
can be purchased for se\'en hundred and fifty dollars (5750.00). Indix'idual volumes may also be pur- 
chased with supplement service. Renewal subscriptions for supplements to the initial publication avail- 
able starting October I9SS. 

PRICE LIST FOR THE 1987-88 SUBSCRIPTION YEAR 



\ olunie 


Title 


Chapter 


Subject 


Nov 
Subscription* 


Total 
Quantity Price 


1 - 52 


I-uU Code 

1 

2 

2 

3 

4 

4 

5 

5 

6 

7 

8 

9 

10 

10 

10 

10 
10 
10 

10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
11 


1 - 35 
1 - 24 
25 - 52 
1 - 4 
1 - 2 

3- 16 
1 - 2 
3 - 4 

1 -4 
1 - 11 
1 - 8 
1 - 4 

I - 2 

3 A - 3K 
3L - 3R 

3S - 3U 

4- 6 

7 

8- 9 
10 

II - 14 
15 - 17 
18 

19 - 30 

31 - ii 

34-41 

42 

43 - 50 

1 - 15 


AU titles 

Administration 

Agriculture 

Agriculture 

.Vuditor 

Commerce (includes ABC 

Commerce 

Corrections 

Corrections 

Council of State 

Cultural Resources 

Elections 

Governor 

Human Resources 

Human Resources 

Human Resources 

(includes CON) 
Human Resources 
Human Resources 
Human Resources 

(includes Breathalizer) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Insurance 


$750.00 
90.00 
75.00 
75.00 
10.00 
) 45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 

30.00 
60.00 
90.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




79 




23 




24 




25 




26 




27 




28 






Continued 



New Total 

Volume Title Chapter Subject Subscription* Quantity Price 

1-12 Justice 90.00 

1 - 6 labor 30.00 

7 OSIIA 45.00 

8-15 Labor 45.00 

1-11 Crime Control and 

Public Safety 45.00 

1-2 NRCD (includes EMC) 90.00 

3 - 6 NRCD 45.00 

7 Coastal Management 45.00 

8 - 9 NRCD 30.00 

10 Wildlife 45.00 

11-22 NRCD 60.00 

1 - 6 Education 30.00 

1 - 6 Revenue 75.00 

7-11 Revenue 60.00 

1 - 7 Secretary of State 30.00 

1 - 6 Transportation 90.00 

1 - 9 Treasurer 45.00 

1-16 Licensing Boards 75.00 

17-37 licensing Boards 75.00 

38 - 70 Licensing Boards 

1 - 2 Administrati\'e Procedures 75.00 

1 - 2 Community Colleges 10.00 

1 Housing I'inance 10.00 

1 State Personnel 60.00 

1 - 4 Administrative Hearings 10.00 



29 


12 


30 


13 


31 


13 


32 


13 


33 


14A 


34 


15 


35 


15 


36 


15 


37 


15 


38 


15 


39 


15 


40 


16 


41 


17 


42 


17 


43 


18 


44 


19 


45 


20 


46 


21 


47 


21 


48 


21 




->') 


49 


23 


50 


24 


51 


25 


52 


26 



Total 



(Make checks payable to Office of Administrative Hearings.) 

This price includes the title in its current form plus supplementation for the subscription year. 
Subscription years are October I through September 30. 



MAIL TO: 



OF 1 ICL OF" ADMINISTRATIVE HEARINGS 

POST OITICE DRAWER 11666 

RALITGH, NOR LH CAROLINA 27604 



.L 



t09Z.3 BUI10JB3 qyoN 'qSpiBH 

99911 jaMBjQ o d 

sSuueaH aAiiejisiuiuipy jo 39UJO 



aaaH 

IMVXS 



FOLD HERE 



NORTH CAROLINA REGISTER 
ORDER FORM 



] Please enter my subscription for the North Carolina Register to start with the issue. 

($95.00)/year subscription) 

] Renew North Carolina Register 

1 Check Enclosed D Please bill me 

ease make checks payable to Office of Administrative Hearings 

AME ADDRESS 

tTY STATE ZIP 

rIONE__ 



eturn to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.) 



CHANGE OF ADDRESS: 



1. Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings 

P. O. Drawer 11666 
Raleigh, North Carolina 27604 



'SAFETY m 
THE LAWS' 



iAN2283 f"^^ / 




;lASS mail 



1 840 

UNIV. OF NORTH CAROLIM« 
ftT CHAPEL LAW LIB. 
HH HECKE-yETTACH BLDG 064 A 
CHAPEL HILL HZ 27514-00000